[maryz]

the 11th Cir. does not release the vote tally.

I didn't know that -- is this specific to the 11th or true of all the Circuits?

[bigeasy_70118]

Not sure about every Circuit, but in the two circuits, I practice before, the 5th releases the vote for an en banc hearing and the 11th does not.

[BCrago66]

That's with all federal circuits. In the rare case, when there's a written dissent joined by 5 judges out of a 12 judge court, then we know how every judge voted.

But those justices who voted no need not author or join a written dissent, and when there is a written dissent that is joined by less than 5 judges, one cannot assume that every judge who voted no joined it.