Judge Explains Circuit Reluctance for En Banc Review

, New York Law Journal

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The full U.S. Court of Appeals for the Second Circuit has decided, by a close vote, not to rehear a decision throwing out a Hobbs Act robbery conviction in a case that prompted Judge Jose Cabranes to explain why the Second Circuit holds the fewest en banc rehearings of the nation's circuits.

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  • Ravi Batra

    The good of the many appeals is better served by Chief Judge Learned hand‘s view, then by having an en banc hearing for a particular appeal that other judges might disagree with a 3-judge panel result. While efficiency and collegiality are certainly enhanced by Chief Judge Learned hand‘s view, the question remains: is a particular case unworthy of en banc-reset, when the Supreme Court doesn‘t hear appeals as of right?

    The right answer, I submit, belongs to collective wisdom than any particular lawyer‘s or appellant‘s view.

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