TGP HAS IT: In a 2-1 vote, the three-judge panel [6th Circuit] allowed Joe Biden’s OSHA vaccine mandate on private employers over 100 people to take effect. Majority (voted yes): Judges Julia Gibbons (George W. Bush), Jane Stranch (Barack Obama). Dissent (voted no): Joan Larsen (Donald Trump)
It simply means the full complement of judges on the circuit court of appeals. There are 16 judges on the 6th circuit. This is as opposed to a 3 judge panel, where three of the 16 are selected to hear an appeal. Here we would have an appeal from the 3 judge panel for a rehearing by the full circuit.
They voted against hearing en banc from the get go. They voted 8 to hear, 5 not to hear, and 3 abstained (because they had already been assigned to the 3 judge panel). Now that 1 dissented on the panel that means that there are 9 votes to hear en banc (7 against). That's what I heard, but do listen to Barnes' explanation.
Actually, all six of the GOP appointees are said to be looking for the right case to address admin agency matters--to shift the deference afforded to their decisions in the direction of the courts deciding whether there's a rational basis. That would restore more of the role of the legislative branch as well.
Are people still paying attention to the Supreme Court?
The power of humor Kyle Rittenhouse as a brave cowboy https://twitter.com/i/status/1471985787168301058
Barnes thinks that 6th en banc will reverse this. Maybe as soon as a few days:
https://vivabarneslaw.locals.com/post/1435105/live-bourbon-w-barnes-friday-december-17-2021
SWC also says motion for rehearing en banc is next move.
Mark or someone else, can you please explain en banc?
It simply means the full complement of judges on the circuit court of appeals. There are 16 judges on the 6th circuit. This is as opposed to a 3 judge panel, where three of the 16 are selected to hear an appeal. Here we would have an appeal from the 3 judge panel for a rehearing by the full circuit.
Thank you. So, who makes the appeal to the 6th circuit en banc? Could this be bypassed and it goes straight to the Supreme Court?
I never knew about en banc for circuit courts of appeals until I read it noted here. I learn something new here every day.
They voted against hearing en banc from the get go. They voted 8 to hear, 5 not to hear, and 3 abstained (because they had already been assigned to the 3 judge panel). Now that 1 dissented on the panel that means that there are 9 votes to hear en banc (7 against). That's what I heard, but do listen to Barnes' explanation.
Judge Julia Gibbons (George W. Bush), A GWB appointee go figure.
Obama and Bush still destroying the country.
People, do not comply. This is insanity. The worst news all year by far, but comply and give up your body forever.
They will punt it back. They have no spine.
Actually, all six of the GOP appointees are said to be looking for the right case to address admin agency matters--to shift the deference afforded to their decisions in the direction of the courts deciding whether there's a rational basis. That would restore more of the role of the legislative branch as well.