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Old October 28, 2020, 05:50 AM   #109
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Join Date: December 13, 2005
Posts: 4,011
Originally Posted by MG
Example I can see if they have already ruled on a case and the clerks and or judges are simply writing the decision . I'd think ACB would not have a vote in that case because the decision has already been made .
My understanding is that the vote can change depending on how the written decisions evolve. A majority decision draft could influence one of that majority to a change of mind that shifts the vote. To paraphrase Seinfeld, it isn't a pizza until it comes out of the oven.

Originally Posted by MG
However what if the "full" 8 judge court has heard all the arguments but there has been no formal vote at the time she is sworn in , Is the court required to have her included or can they exclude ?
I don't see why she wouldn't be able to participate in such a decision. She can read the briefs and transcript. The only functional difference would be that she wasn't able to pose questions at oral argument.
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