@dreibcats @MikeScarcella @NatlSecCnslrs 1/ Federal Circuit Courts of Appeals have many (6 to 29 depending on the circuit) judges. Appeals are heard by a randomly selected three judge panel. This is the only appeal that is heard as a matter of right. The loser may petition (ask) all of the judges of the circuit ...
@dreibcats @MikeScarcella @NatlSecCnslrs 2/ ... to rehear the case. If the majority of the regular judges vote to do so, the original ruling is vacated (set aside) and the case is reheard before all of the regular judges. I say "regular" judges because courts also have judges on senior status.
@dreibcats @MikeScarcella @NatlSecCnslrs 3/ Senior status is a form of semi-retirement. They are basically allowed to work as much or as little as they want to while drawing retirement pay. When a judge goes on senior status, a regular seat is freed up for appointment. Some senior status judges carry a full workload...
@dreibcats @MikeScarcella @NatlSecCnslrs 4/ ... some barely work at all. Some are between the extremes. Senior status judge can hear appeals on three-judge panels. They cannot vote for or sit on an en banc hearing. ("hearing en banc" is the term for a hearing by all of the regular judges). This is important...
@dreibcats @MikeScarcella @NatlSecCnslrs 5/ ... in this case because a bare majority of the regular judges on the United States Circuit Court of Appeals for the District of Columbia were appointed by Democrats, while most of the senior status judges were Reagan or Bush I appointees. (At least, that's my recollection).
@dreibcats @MikeScarcella @NatlSecCnslrs 6/ The original 2-1 opinion had a Clinton, a Bush II and a Trump appointee, Naomi Rao, who wrote the opinion. Rao is, not to put too fine a point on it, a right wing extremist nutjob who holds extremely aberrant views on most issues. The Bush II appointee is pretty ideological.
@dreibcats @MikeScarcella @NatlSecCnslrs 7/ The granting of a petition to rehear en banc is usually a sign that a majority of the circuit judges think the original opinion was wrongly decided or that circuit precedent is wrong. (Three-judge opinions are binding on other three judge panels unless overruled en banc).
@dreibcats @MikeScarcella @NatlSecCnslrs 8/ It is by no means a done deal or predetermined, but it's pretty rare for a decision reheard en banc to be affirmed.
