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: How Appealing

Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc?

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Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc? Apparently the answer is "yes" in the Sixth Circuit, as evidenced by the senior status of the author of this dissent from the denial of rehearing en banc issued today. Thus, although a total of six judges join in the dissent, it only equates to five votes in favor of rehearing en banc.

You can access the ruling of the original divided three-judge Sixth Circuit panel at this link. I had this post about that decision on the day it issued.

Full post as published by How Appealing on April 01, 2008 (boomark / email).

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