When should circuit courts grant en banc review to panel decisions? Is it enough that a majority of judges on the court think that a given three-judge panel was wrong? Or are there some panel ...

This blog recently covered an interesting antitrust case that upheld the Supreme Court’s bright line rule established in Illinois Brick: indirect buyers are barred from pursuing money damages under ...

The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal ...

From today's order granting rehearing en banc in Hussey v. City of Cambridge: The majority panel opinion relied on First ...

The Supreme Court Should Affirm That Schools Cannot Usurp Parental Rights This Day in Liberal Judicial Activism—November 7 Judges Need to Know What Time It Is — Time to Go Senior This Day in Liberal ...

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp point out that the court has consistently granted fewer petitions for rehearing en banc than any other circuit court, a pattern that ...

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A demonstrator stands in front of a large "Come and Take It" banner at a rally in support of open-carry gun laws at the Texas State Capitol in Austin in 2015. (AP Photo/Eric Gay, File) LOS ANGELES (CN ...

After a rare en banc hearing, the U.S. Court of Appeals for the Second Circuit sent a case challenging a transgender-inclusive high school athletic policy back to Connecticut federal court for further ...