The United States Court of Appeals for the Second Circuit has historically heard the fewest cases en banc of any circuit. In recent years, the court’s longstanding reluctance to convene en banc may be softening… but only a bit. This article provides an analysis of the frequency of en banc rehearing and the types of cases the court decided en banc over the last decade, based on original case law research. It also covers opinions dissenting from or concurring in the denial of rehearing en banc.Read More
