I know what it means. If you read carefully, it is the Obama Administration that may request it. They cannot legally form one.
Only the Federal Appellate court may call for en banc. In this case it would be 17 judges that comprise that district.
Otherwise The Supreme Court, which always sits en banc.
Only the Federal Appellate court may call for en banc. In this case it would be 17 judges that comprise that district.
But the subject opinion is from the District of Columbia Court of Appeals, appealed from the D.C. District Court. That's my understanding; I'm not an attorney or an expert.
D.C. Court of Appeals Rule 35(b) states, "A party may petition for a hearing or rehearing en banc."
Only the Federal Appellate court may call for en banc. In this case it would be 17 judges that comprise that district.
That is also incorrect. Please see Rule 35 of FRAP.