Appeals Judge Asks Full Court Rehearing on Travel Ban Stay

An unidentified federal appellate judge Friday called for a full court vote on whether to have an 11-judge panel reconsider the stay of the Trump Administration’s travel ban.

Such a panel is known as en banc review. It would take a majority vote of the 25 active judges on the 9th U.S. Circuit Court of Appeals to grant a rehearing. If a majority agrees to rehear the case then an 11-judge panel would be selected to reconsider the stay order.

The order requires both sides to submit briefs by February 16.

Ten members of the en banc panel are selected by random draw and the 11th judge is always the chief judge of the court. The chief judge is currently Judge Sidney Thomas, an appointee of President Bill Clinton.

An en banc review is the last step before a U.S. Supreme Court appeal could be sought.

Normally, the losing side in a three-judge review requests en banc rehearing, but under the court rules any individual judge on the appeals court may request rehearing.

Case: Washington v. Trump. No. 17-35105

 

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