United States Court of Appeals for the Sixth Circuit · Federal Courts
Federal CourtsRehearing en bancen bancrehearingpetition deniedpanel reconsiderationSixth Circuit
Facts
The court received a petition for rehearing en banc following an earlier panel decision in the case. The petition was circulated to the original panel members and all active judges of the court. Less than a majority of the judges favored the suggestion for rehearing en banc. The panel then reviewed the rehearing petition and determined that the issues raised had already been fully considered on the original submission and decision.
Issue
Whether the court should grant rehearing en banc, and whether the panel should grant rehearing based on the issues raised in the petition.
Rule
Rehearing en banc is not granted when less than a majority of the active judges favor the suggestion, and panel rehearing is denied when the panel concludes that the issues raised were fully considered on the original submission and decision of the case.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
After a panel decision in a federal appeal arising from Detroit, Maya Benton files a petition for rehearing en banc in the court of appeals. The clerk circulates the petition to the original panel and all active judges of the court, but only 5 of 13 active judges support rehearing.
Under the governing order, what is the proper result on the request for rehearing en banc?
Explanation. The controlling rule is procedural and narrow: rehearing en banc is not granted when less than a majority of the active judges favor the suggestion. Circulation to all active judges is part of the process, but it does not itself justify rehearing. (Derived from Cone v. Bell (n.d.).)