Subject: Re: Meadows Pleading for en banc Hearing
Has Meadows conducted a poll of those judges to determine there are seven justices within the 11th District that WOULD support his argument, despite the initial panel of three judges UNANIMOUSLY rejecting his request?
Almost certainly not. Filing a motion for rehearing en banc is pretty standard practice when you lose in your appellate panel. They're almost never, ever granted - fewer than 1% of cases in the federal courts get en banc rehearings. But it's probably malpractice for an attorney not to give it a shot, unless the client is done with the case. They're not very difficult or expensive to prepare or submit, so there's very little cost to the client - and in the odd event that the motion is granted, it can turn a loss into a win. This is a pretty routine motion, and will be likely be dispensed with after cursory review - it won't consume a whole lot of judicial resources.