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To: Focault's Pendulum
No, it's not illegal. It's called an en banc (French for "on the bench") hearing and it happens regularly.
88 posted on 07/22/2014 8:06:30 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan
It's called an en banc (French for "on the bench") hearing and it happens regularly.

Not really.

So far, only the United States Court of Appeals for the Ninth Circuit, with 29 judges, utilizes that procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can hear the case with all judges participating. In practice, however, such a hearing has only been requested five times; the requests have all been denied.

The United States Court of Appeals for the Fifth Circuit, with 17 judges, is eligible to adopt a similar procedure and has done so in 1986. State of La. ex rel. Guste v. M/V TESTBANK, 752 F.2d 1019 (5th Cir. 1985) (en banc)

104 posted on 07/22/2014 8:11:40 AM PDT by Focault's Pendulum (I live in NJ....' Nuff said!)
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