@WALLACHLEGAL Law of the case doctrine should preclude review of PASPA constitutionality in NJ en banc review.
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Replying to @WALLACHLEGAL
@WALLACHLEGAL En banc can certainly overrule panel on direct appeal or in later case. But constitutional issue resolved for this case.1 reply 0 retweets 0 likes -
Replying to @WALLACHLEGAL
@WALLACHLEGAL Don't think NJ asked for en banc in Christie I. If not, may regret it this time.1 reply 0 retweets 0 likes -
Replying to @WALLACHLEGAL
@WALLACHLEGAL That likely means law of the case doctrine forecloses review of Christie I issues in current appeal: http://www2.ca3.uscourts.gov/opinarch/124160np.pdf …2 replies 0 retweets 0 likes -
Replying to @WALLACHLEGAL
@WALLACHLEGAL Don't think CA3 IOP 9.1 speaks to law of the case doctrine. But there may be case law on that point.1 reply 0 retweets 0 likes
@WALLACHLEGAL Agreed! Thought CA3 should've heard this en banc on first pass. PASPA issue is big. (And fun!)
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