Second Circuit Review

The Rarity of En Banc Review in the Second Circuit

, New York Law Journal

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In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp point out that the court has consistently granted fewer petitions for rehearing en banc than any other circuit court, a pattern that has become more pronounced in recent years. Since the beginning of 2011, the Second Circuit has reconsidered only two appeals en banc, compared to an average of 12 across all circuits during the same period. Now, other views are emerging among judges as to the merits of such review.

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