Mayer can vote on en banc, even though he is on senior status, due to the fact he was on the panel that made the decision. Wallach is an active judge so he, of course, can vote also. There will be 12 judges voting, provided Mayer elects to participate in the en banc decision, and I feel he will do so. A majority of 7 YES votes will likely be required for rehearing.
JJ
dam78 Monday, 11/24/14 12:01:03 PM
Re: JJSeabrook post# 56305
Post # of 56334
JJ, which judges are disqualified having voted in favor?
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