Quote:
Al Norris wrote: Remember, that whatever Judge might call for en banc, he has to support his call with a written brief.
In light of the opinion from Judge O'Scannlain, it had better be damned good.
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From Circuit Rule 35-1: When the opinion of a panel directly conflicts with an existing opinion by another court of appeals and substantially affects a rule of national application in which there is an overriding need for national uniformity, the existence of such conflict is an appropriate ground for petitioning for
rehearing en banc.
With the circuit splits and O'Scannlain's opinion directly calling them out on several salient points, doesn't that qualify under 35-1? I may not be a lawyer but the bar doesn't seem too high here.
Besides, just because a judge or three may step up to the plate doesn't mean that they will make it on to first base.