Narrative Opinion Summary
The panel unanimously voted to deny the petition for rehearing and recommended rejecting the suggestion for rehearing en banc. The full court was informed of the en banc request, which prompted an active judge to call for a vote on the matter. However, the proposal for en banc consideration did not achieve a majority of votes from the nonrecused active judges. As a result, both the petition for rehearing and the suggestion for rehearing en banc were denied.
Legal Issues Addressed
Denial of Petition for Rehearingsubscribe to see similar legal issues
Application: The panel unanimously decided against granting the petition for rehearing.
Reasoning: The panel unanimously voted to deny the petition for rehearing and recommended rejecting the suggestion for rehearing en banc.
Majority Vote Requirement for En Banc Considerationsubscribe to see similar legal issues
Application: The proposal for rehearing en banc did not secure the majority vote necessary from the nonrecused active judges.
Reasoning: However, the proposal for en banc consideration did not achieve a majority of votes from the nonrecused active judges.
Rehearing En Banc Proceduresubscribe to see similar legal issues
Application: A request for en banc consideration was initiated, requiring a vote from nonrecused active judges.
Reasoning: The full court was informed of the en banc request, which prompted an active judge to call for a vote on the matter.