Narrative Opinion Summary
The United States Court of Appeals for the Ninth Circuit has ordered the en banc rehearing of a case involving the Humanitarian Law Project and several associated plaintiffs against the United States Department of Justice and various high-ranking officials, including the Attorney General and the Secretary of State. This order follows a majority vote by nonrecused active judges of the court. The prior opinion issued by a three-judge panel is not to be cited as precedent by the court or any district courts within the Ninth Circuit, unless explicitly adopted by the en banc court. Judge Fisher is recused from this case.
Legal Issues Addressed
En Banc Rehearing Proceduresubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals decided to rehear the case en banc, indicating that a majority of nonrecused active judges supported this decision.
Reasoning: The United States Court of Appeals for the Ninth Circuit has ordered the en banc rehearing of a case involving the Humanitarian Law Project and several associated plaintiffs against the United States Department of Justice and various high-ranking officials, including the Attorney General and the Secretary of State.
Judicial Recusalsubscribe to see similar legal issues
Application: Judge Fisher has recused himself from participating in the en banc rehearing of this case, demonstrating adherence to judicial protocols regarding recusal.
Reasoning: Judge Fisher is recused from this case.
Precedential Effect of Panel Opinionssubscribe to see similar legal issues
Application: The opinion previously issued by the three-judge panel is not to be used as precedent unless the en banc court decides to adopt it, reflecting the suspension of precedential value pending en banc review.
Reasoning: The prior opinion issued by a three-judge panel is not to be cited as precedent by the court or any district courts within the Ninth Circuit, unless explicitly adopted by the en banc court.