To: lugsoul
If it's appealed, it goes en banc first. Then, it can be pushed up to the Supremes.
Not sure if there is a way to short that. You'd think with so many Circuits applying different Constitutional standards to their Citizens Rights and legal protections, a crisis would have to be resolved by the SCOTUS.
391 posted on
03/09/2007 12:25:54 PM PST by
Dead Corpse
(What would a free man do?)
To: Dead Corpse
No, an appeal does not go to "en banc" first. Anyone who loses a case can request an "en banc" review, meaning all judges of that Circuit participate. However, more than 90% of the time a Circuit will refuse that review.
Parties and their counsel always have a right to request SC review. Those, however, are denied about 99.5% of the time.
John / Billybob
To: Dead Corpse
IIRC, it only goes "en banc" if the other justices decide to. They can just let it go on up to SCOTUS, as happened with the 9th Circuit in Stewart. (SCOTUS declined.)
490 posted on
03/09/2007 1:45:37 PM PST by
ctdonath2
(The color blue tastes like the square root of 0?)
To: Dead Corpse
Isn't en banc review discretionary?
525 posted on
03/09/2007 2:06:44 PM PST by
lugsoul
(Livin' in fear is just another way of dying before your time. - Mike Cooley)
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