Narrative Opinion Summary
The panel majority has denied both the petition for panel rehearing and the petition for rehearing en banc. Judge Hall dissented, voting to grant the petition for panel rehearing and recommending that the petition for rehearing en banc be approved. Despite notifying the full court of the petition, a judge's request for a vote on en banc reconsideration did not receive a majority from the nonrecused active judges. Consequently, the petition for rehearing en banc is denied in accordance with Federal Rule of Appellate Procedure 35.
Legal Issues Addressed
Denial of Petition for Panel Rehearingsubscribe to see similar legal issues
Application: The majority of the panel chose not to grant the petition for panel rehearing, indicating that the original decision stands without further review by the same panel.
Reasoning: The panel majority has denied both the petition for panel rehearing and the petition for rehearing en banc.
Dissent in Judicial Decision-Makingsubscribe to see similar legal issues
Application: Judge Hall expressed disagreement with the majority by voting to grant the petition for panel rehearing and advocating for en banc consideration.
Reasoning: Judge Hall dissented, voting to grant the petition for panel rehearing and recommending that the petition for rehearing en banc be approved.
En Banc Reconsideration Processsubscribe to see similar legal issues
Application: The lack of a majority vote from nonrecused active judges led to the denial of the petition for rehearing en banc, pursuant to procedural rules.
Reasoning: Despite notifying the full court of the petition, a judge's request for a vote on en banc reconsideration did not receive a majority from the nonrecused active judges.
Federal Rule of Appellate Procedure 35subscribe to see similar legal issues
Application: The denial of the petition for rehearing en banc followed the guidelines set out in Federal Rule of Appellate Procedure 35, which governs the standards and procedures for en banc review.
Reasoning: Consequently, the petition for rehearing en banc is denied in accordance with Federal Rule of Appellate Procedure 35.