alm, there has been some discussion about submitting a second Amicus Brief devoted exclusively to the Mori flaw as pointed out by Bhatt. It would have to be filed by the coming Friday. It would also have to be a different Amicus filer and different lawyer.
Keep in mind though, this en banc filing is not a retrial of the case, or the chief appeal. En banc will not normally be granted to cure flaws specific to the individual case. Rather, it has to be something systemic beyond the individual case, hence the focus on fraud on the court.
The Bhatt/Mori flaw is tailor made for a Rule 60 motion in the District Court.
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