[U] In The Right-Leaning Fourth Circuit, A Full 15 Member Appeal Hearing May 8…

This will not matter in the longer run, but the right-leaning Fourth Circuit has granted 45 a full en banc appeal hearing — that should mean something like 15 active appellate justices. My backgrounder, is here.

[My guesses? Gregory, as Chief Judge, Wilkinson, Niemeyer, Motz, Traxler, King, Shedd, Duncan, Agee, Keenan, Winn, Diaz, Floyd, Thacker and Harris, as Circuit Judges, and Davis, as likely Senior Circuit Judge. That’s just a rather long-winded hunch. Smile. . . .]

The order was entered this afternoon, thus:

. . . .A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant hearing en banc, IT IS ORDERED that hearing en banc is granted.

The parties and amici curiae shall file a total of 16 paper copies of their briefs and appendices in this case. For previously filed briefs, the additional paper copies shall be filed by April 14, 2017. For new briefs, 16 paper copies shall be
filed together with the electronic copy.

This case is calendared for oral argument on May 8, 2017, in Richmond, Virginia. . . .

It is truly of scant moment, since the Ninth will rule by a three member panel (and although argument is a week later, the Ninth’s decision will almost certainly be published ahead of the Fourth’s, on sheer logistics) — and it is all headed to the Supremes, in any event.



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