The 11-member U.S. Court of Appeals for the Seventh Circuit agreed Wednesday to an initial en banc hearing of James ...

In seeking en banc review, the U.S. Department of Justice argued that a panel of the U.S. Court of Appeals for the Sixth ...

When should circuit courts grant en banc review to panel decisions? Is it enough that a majority of judges on the court think that a given three-judge panel was wrong? Or are there some panel ...

For nearly four years, there was a never-ending drumbeat about how the Fifth Circuit was an existential threat to the rule of law. Yet, over the past two months or so, it has gotten very quiet. That ...

The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) rarely sits en banc to address international trade issues that fall within its subject matter jurisdiction. It last did so nearly ...

“The [majority] explained that ‘[t]his analysis does not usurp the province of the jury, nor does it involve this court deciding disputes of fact,’ but instead ‘involves the gatekeeping function of ...

In an order yesterday, the en banc Sixth Circuit granted rehearing of the highly adventuresome panel decision last month that held that the Constitution “provides a fundamental right to a basic ...