Monday, April 10, 2017

[U] In The Right-Leaning Fourth Circuit, A Full 15 Member Appeal Hearing May 8...

This will not matter in the longer run, but the right-leaning Fourth Circuit has granted 45 a full en banc appeal hearing -- that should mean something like 15 active appellate justices. My backgrounder, is here.

[My guesses? Gregory, as Chief Judge, Wilkinson, Niemeyer, Motz, Traxler, King, Shedd, Duncan, Agee, Keenan, Winn, Diaz, Floyd, Thacker and Harris, as Circuit Judges, and Davis, as likely Senior Circuit Judge. That's just a rather long-winded hunch. Smile. . . .]

The order was entered this afternoon, thus:

. . . .A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant hearing en banc, IT IS ORDERED that hearing en banc is granted.

The parties and amici curiae shall file a total of 16 paper copies of their briefs and appendices in this case. For previously filed briefs, the additional paper copies shall be filed by April 14, 2017. For new briefs, 16 paper copies shall be filed together with the electronic copy.

This case is calendared for oral argument on May 8, 2017, in Richmond, Virginia. . . .

It is truly of scant moment, since the Ninth will rule by a three member panel (and although argument is a week later, the Ninth's decision will almost certainly be published ahead of the Fourth's, on sheer logistics) -- and it is all headed to the Supremes, in any event.



Anonymous said...

And other items you usually report on:

condor said...

Yes -- this one is maddening, indeed -- but it finally seems to be bending toward. . . progress.

My plan was to get to it after dying/painting some 1960s psychedelic style eggs on Saturday, this coming weekend -- but in truth, I worry a little that new Justice Gorsuch will fall into the alt-right camp -- that would overturn the appellate reasoning, and result.

Time will tell -- even so, I think there are four solid votes to invalidate the Texas Voter ID scheme -- at the Supremes. . . but without one swing vote (Kennedy?) that now may not be enough.

Thank you so much! Great stuff!