How long for en banc decision whether to hear case?
I have no idea how it works. I am surprised that the full court hasn’t issued a public response since the case has such visibility — or maybe I missed it.
On 10 July, the Court gave Flynn’s lawyers 10 days to respond to the request for an en banc hearing.
” Upon consideration of the petition for the rehearing en banc, it is, on the court’s own motion,
ORDERED that, within 10 days of the date of this order, petitioner file a response to the petition for rehearing en banc. not to exceed 3,900 words. The government is invited to respond in its discretion within the same ten-day period. Any response from the government may not exceed 3,900 words. Absent an order of the court, a reply to the responses will not be accepted for filing. It is
FURTHER ORDERED that the effectiveness of this court’s order issued June 24, 2020, will be stayed pending disposition of the petition for rehearing en banc. See D.C. Cir. Rule 41(a)(3) (order granting writ becomes effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary).”
So they have until the 20th to file a response, and then the DC Court will decide if they want to hear it en banc? Not a lawyer and don’t play one on TV either.