9th U.S. Circuit Court of Appeals
Dec. 29, 2023
9th Circuit’s en banc system loomed large in 2023
Few cases are decided by en banc panels, but high-profile disputes on the First Amendment’s free exercise of religion clause, Second Amendment litigation, and a significant abortion case have had major decisions this year.
The 9th U.S. Circuit Court of Appeals' unique system of deciding en banc cases factored into several major rulings in 2023 that fell along traditional liberal-conservative lines, prompting heated dissents in one case and a victory for a Christian student club in another.
The appellate court has 29 judges and all of them vote on motions seeking en banc review. But if a case is accepted, only 11 of the 9th Circuit judges actually hear the cas...
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