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To: BuckeyeTexan
There are 11 active judges in the D.C. Circuit.

Okay, that explains where 11 comes from for en-banc...

But, today's 3-member opinion then has 2 that are not one of those "active" 11 - they are listed as currently being a "Senior Judge". That would mean that the en-banc 11 would NOT include two of today's judges (one voted for, one against; the third is one of the "active" 11).

United States Court of Appeals for the District of Columbia Circuit

261 posted on 07/22/2014 10:36:27 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: C210N

https://blogs.law.harvard.edu/billofhealth/2014/07/22/how-en-banc-review-would-work-in-halbig/

The active judges of the court, PLUS any senior judges who sat on the panel, sit if the case is heard en banc.  That means the judges listed above plus Randolph and Edwards, who both were on the panel in Halbig.


273 posted on 07/22/2014 11:09:20 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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