Kharn
Ultimate Member
Around 4:50 William Kirk states how Justice Bumatay and justice Van Dyke stood up against the 9 circuit decision to skip the three judge panel in Duncan v. Bonta.
Why isn’t there a similar response in the 4th circuit with bianchi v. brown?? Is the 4 circuit worse than the 9th?
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The 9th conducts en banc by randomly selecting an 11 judge panel, because all 29 judges sitting en banc would be too unwieldy (but they do have the option in their rules to have all 29 judges sit en banc). The 4th is much smaller, so all judges participate. Trump managed to make the 9th much more balanced, but he never successfully evened out the activists in the 4th.