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:
“An alliance is like a chain. It is not made stronger by adding weak links to it. A great power like the United States gains no advantage and it loses prestige by offering, indeed peddling, its alliances to all and sundry. An alliance should be hard diplomatic currency, valuable and hard to get, and not inflationary paper from the mimeograph machine in the State Department.”
—Walter Lippmann (1889–1974)
“The United States never lost a war or won a conference.”
—Will Rogers (1879–1935)
“I believe the citizens of Marion County and the United States want to have judges who have feelings and who are human beings.”
—Paula Lopossa, U.S. judge. As quoted in the New York Times, p. B9 (May 21, 1993)
“The decisions of law courts should never be printed: in the long run, they form a counterauthority to the law.”
—Denis Diderot (1713–1784)
“It was not reason that besieged Troy; it was not reason that sent forth the Saracen from the desert to conquer the world; that inspired the crusades; that instituted the monastic orders; it was not reason that produced the Jesuits; above all, it was not reason that created the French Revolution. Man is only great when he acts from the passions; never irresistible but when he appeals to the imagination.”
—Benjamin Disraeli (1804–1881)