While various factors may help explain the high level of en banc activity, court watchers cautioned that this year’s potential record may be a function of the Fifth Circuit’s docket, not necessarily a sign that its judges have become more receptive to rehearing cases en banc.
While various factors may help explain the high level of en banc activity, court watchers cautioned that this year’s potential record may be a function of the Fifth Circuit’s docket, not necessarily a sign that its judges have become more receptive to rehearing cases en banc.

