Months after the U.S. Supreme Court
reversed a federal appeals court for issuing a landmark en banc decision two
weeks after the judge who authored the majority opinion died, the 9th U.S.
Circuit Court of Appeals has adopted new internal rules aimed at curing
confusion about when judges are replaced on a live case.
"If a judge becomes unavailable to sit on the en banc court
by reason of death, disability, recusal, or retirement from the Court, a
replacement judge shall be selected," 9th Circuit
General Order 5.1.b.1 now reads.
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