Tag Archives: Fed. R. App. P. 35(a)

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”

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”