Thursday, December 3, 2020

"scathing exchange in fractious order"

The 11th Circuit provides some very interesting reading reading about en banc review and more here. Law.com reports it as 'Good Grief': 11th Circuit Judges Get Into Scathing Exchange 

Because en banc review is both discretionary and disfavored, reasonable minds can differ about whether it is appropriate in a particular case. Indeed, the problem of deciding whether to grant en banc review is evergreen; a judge wrestling with the decision decades ago remarked that sometimes “one judge’s case of ‘exceptional importance’ is another judge’s ‘routine or run-of-the-mill’ case.”

For the same reason, disagreements about whether to grant rehearing do not warrant attacks on the integrity of judges or their commitment to the rule of law nor, good grief, on the legitimacy of this Court.