United States Courts of Appeals
Cases in United States Courts of Appeals are heard by a three-judge panel. A majority of the active circuit judges may decide to hear or rehear a case en banc. Parties may suggest an en banc hearing to the judges, but have no right to it. Federal law states en banc proceedings are disfavored but may be ordered in order to maintain uniformity of decisions within the circuit or if the issue is exceptionally important. Fed. R. App. P. 35(a). Each court of appeals also has particular rules regarding en banc proceedings. Only a court sitting en banc or the Supreme Court of the United States can overrule a prior decision in that circuit; in other words, one panel cannot overrule another.
Pub.L. 95-486 states that for courts with more than 15 judges, an en banc hearing may consist of "such number of members of its en banc courts as may be prescribed by rule of the court of appeals." So far, only the United States Court of Appeals for the Ninth Circuit, with 29 judges, utilizes that procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can hear the case with all judges participating. In practice, however, such a hearing has only been requested four times; the requests have all been denied.
The United States Court of Appeals for the Fifth Circuit, with 17 judges, is eligible to adopt a similar procedure and has done so in 1986. State of La. ex rel. Guste v. M/V TESTBANK, 752 F.2d 1019 (5th Cir. 1985) (en banc).
Read more about this topic: En Banc
Famous quotes containing the words united states, united, states, courts and/or appeals:
“When, in some obscure country town, the farmers come together to a special town meeting, to express their opinion on some subject which is vexing to the land, that, I think, is the true Congress, and the most respectable one that is ever assembled in the United States.”
—Henry David Thoreau (18171862)
“When Mr. Apollinax visited the United States
His laughter tinkled among the teacups.
I thought of Fragilion, that shy figure among the birch-trees,
And of Priapus in the shrubbery
Gaping at the lady in the swing.”
—T.S. (Thomas Stearns)
“[Urging the national government] to eradicate local prejudices and mistaken rivalships to consolidate the affairs of the states into one harmonious interest.”
—James Madison (17511836)
“But O, young beauty of the woods,
Whom Nature courts with fruits and flowers,
Gather the flowers, but spare the buds;
Lest Flora, angry at thy crime
To kill her infants in their prime,
Do quickly make the example yours;
And ere we see,
Nip in the blossom all our hopes and thee.”
—Andrew Marvell (16211678)
“Whatever appeals to the imagination, by transcending the ordinary limits of human ability, wonderfully encourages and liberates us.”
—Ralph Waldo Emerson (18031882)