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onenote

(45,746 posts)
5. It's a two-step process.
Sat Oct 25, 2025, 01:36 PM
Saturday

Step one:if a majority of the active, non-recused judges vote in favor of rehearing en banc, then the case is reheard by the en banc court.

Step two: The en banc court that rehears the case consists of the Chief Judge, and ten non-recused judges who are randomly drawn. Senior judges are not eligible to serve on the en banc court, unless they served on the three judge panel.

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