Two courts issue decisions the same day considering Fourth Amendment arguments that the government forfeited, holding that federal courts of appeals have the power and can properly exercise their discretion to reach such issues. United States v. Campbell, No. 16-10128 (11th Cir. Feb. 16, 2022): Defendant Campbell was indicted for possessing a firearm as aContinue reading “Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived”
Tag Archives: En Banc Review
Fourth Circuit Judge Decries Proliferation of “Advisory” Dissents from Denial of Rehearing En Banc
In Doe v. Fairfax Cnty. Sch. Bd., No. 19-2203 (4th Cir. Aug. 30, 2021) (order), denying rehearing en banc of a Title IX case involving sexual harassment, a Fourth Circuit judge calls for curtailing separate dissenting opinions that signal “disrespect for the hard work of the panel and for the full court’s decision not toContinue reading “Fourth Circuit Judge Decries Proliferation of “Advisory” Dissents from Denial of Rehearing En Banc”
Culture Wars in the Eleventh Circuit? En Banc Court Votes to Vacate Conviction Because Christian Juror Who “Trusted the Holy Ghost” Was Erroneously Dismissed from Trial
In United States v. Brown, No. 17-15470 (11th Cir. May 6, 2021) (en banc), a strict partisan split yields a 7-4 decision to vacate the fraud conviction of a former U.S. Representative because the judge removed a juror during deliberations who said that “A Higher Being told me [the defendant] was Not Guilty on allContinue reading “Culture Wars in the Eleventh Circuit? En Banc Court Votes to Vacate Conviction Because Christian Juror Who “Trusted the Holy Ghost” Was Erroneously Dismissed from Trial”
Sixth Circuit Grants Initial Hearing En Banc in Review of Tennessee Abortion Law, Over Dissent of Six Judges
In Bristol Regional Women’s Center, PC v. Slatery, No. 20-6267 (6th Cir. Apr. 9, 2021), the Sixth Circuit took the unusual step under Fed. R. App. P. 35(a) of granting initial hearing en banc of a challenge to Tennessee’s abortion waiting period law. A prior three-judge panel had denied the state’s motion for a stayContinue reading “Sixth Circuit Grants Initial Hearing En Banc in Review of Tennessee Abortion Law, Over Dissent of Six Judges”
Sixth Circuit Judges Spar Over Whether En Banc Court Could Decide Stay Pending Appeal in Abortion Waiting-Period Case
In Bristol Regional Women’s Center, PC v. Slatery, No. 20-6267 (6th Cir. Feb. 19, 2021), the panel denies a motion to stay pending appeal of an injunction of a Tennessee statute that imposes a waiting period on abortions in the state. The majority and dissenting opinions clash not only over the merits, but (for purposesContinue reading “Sixth Circuit Judges Spar Over Whether En Banc Court Could Decide Stay Pending Appeal in Abortion Waiting-Period Case”
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