Fact Check: The appellate court denial of an en banc hearing came without explanation, as is common.

Fact Check: "The appellate court denial of an en banc hearing came without explanation, as is common."

What We Know

The claim states that when an appellate court denies a request for an en banc hearing, it typically does so without providing an explanation. According to the U.S. Court of Appeals for the Fourth Circuit Appellate Procedure Guide, petitions for rehearing en banc are not favored and are rarely granted. The guide specifies that a petition for rehearing must clearly outline the reasons for the request, but it does not mandate that the court provide an explanation for its denial of such petitions. This practice aligns with the general understanding of appellate procedures across various circuits, as noted in the En Banc Procedures of the United States Courts of Appeals, which indicate that en banc hearings are typically reserved for exceptional cases.

Analysis

The assertion that denials of en banc hearings commonly occur without explanation is supported by procedural norms in appellate courts. The Fourth Circuit Appellate Procedure Guide emphasizes that while petitions for rehearing are filed frequently, the court does not provide explanations for denials, which is a standard practice in many jurisdictions. This lack of explanation is further corroborated by the D.C. Circuit Review, which states that en banc hearings are not favored and typically do not come with detailed justifications for their denial.

However, it is important to note that while it is common for courts to deny en banc petitions without explanation, this does not apply universally to all cases or all courts. Some circuits may have different practices or may choose to provide explanations in certain circumstances. For instance, the Ninth Circuit has specific guidelines regarding en banc processes, which may include more detailed communications in some cases.

The sources used are credible, as they originate from official court documents and reputable legal analyses. However, there may be some variability in practices among different appellate courts, which could affect the generalizability of the claim.

Conclusion

The claim that "the appellate court denial of an en banc hearing came without explanation, as is common" is Partially True. While it is accurate that many appellate courts, including the Fourth Circuit, do not provide explanations for the denial of en banc hearings, this practice may not be uniform across all jurisdictions. Therefore, while the statement holds true in many cases, it does not encompass all appellate courts or circumstances.

Sources

1. Rehearing & Rehearing En Banc
2. The En Banc Procedures of the United States Courts of Appeals
3. Court Coverage Tutorial: General Information - Ninth Circuit
4. En Banc or In Bank? Take a Seat - Judicature - Duke University
5. Supreme Court of the United States
6. D.C. Circuit Review – Reviewed: En Banc Review
7. Ninth Circuit En Banc Process
8. Rule 35. En Banc Determination - Federal Rules of Appellate Procedure