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clarencebeaks21

09/03/23 8:17 PM

#766452 RE: Robert from yahoo bd #766451

Right. For an en banc hearing or reconsideration Fisher would need a majority of active USCAFC judges to concur in the poll (though judges who are recused or disqualified do not count).

The rule is on pg 28 of 45:

https://cafc.uscourts.gov/wp-content/uploads/RulesProceduresAndForms/InternalOperatingProcedures/InternalOperatingProcedures.pdf#page28