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Litigation

: How Appealing

According to the Second Circuit's chief judge, that court's "occluded view of our discretion to sit in banc runs counter to the criteria set down for our guidance in Rule 35."

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According to the Second Circuit's chief judge, that court's "occluded view of our discretion to sit in banc runs counter to the criteria set down for our guidance in Rule 35." It is notoriously difficult to obtain rehearing en banc before the U.S. Court of Appeals for the Second Circuit, as I noted recently in this post reporting on the concurrences in and dissents from that court's denial of rehearing en banc in Ricci v. DeStefano.

The Second Circuit's order from last Thursday noted that additional concurrences and dissents might be forthcoming, and indeed they have been, Yesterday, Circuit Judge Guido Calabresi issued this concurrence. And today, Chief Judge Dennis Jacobs has issued this must-read dissent harshly criticizing the Second Circuit's notorious reluctance to grant rehearing en banc.

Full post as published by How Appealing on June 17, 2008 (boomark / email).

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