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. This aligns with established procedures in the U.S. Court of Appeals. According to the U.S. Court of Appeals for the Fourth Circuit, petitions for rehearing en banc are not favored and are rarely granted. The court does not provide reasons for its denial unless it chooses to do so, which is consistent with practices observed in other circuits as well. The En Banc Procedures of the United States Courts of Appeals further support this by indicating that en banc hearings are generally not ordered, and when they are denied, it is common for the court to issue no explanation.
Analysis
The assertion that denials of en banc hearings occur without explanation is corroborated by multiple sources. The Fourth Circuit's procedural guide explicitly states that while petitions for rehearing are filed frequently, few are granted, and there is no requirement for the court to provide an explanation for its denial (source-1). This lack of explanation is a standard practice across various appellate courts, as noted in the Duke University article which discusses the en banc process.
Moreover, the Chicago Unbound article highlights that appellate courts typically operate with a panel of judges, and the decision to grant an en banc hearing requires a majority vote among the active judges. If no poll is requested, the court may simply deny the petition without further comment. This reinforces the idea that it is indeed common for courts to deny en banc hearings without providing detailed explanations.
While the sources consulted are credible and provide a clear understanding of the en banc process, it is important to note that procedural norms can vary slightly between different circuits. However, the general trend of not providing explanations for denials appears consistent across the board.
Conclusion
The claim that the appellate court denial of an en banc hearing came without explanation, as is common, is True. The evidence from multiple authoritative sources confirms that it is standard practice for appellate courts to deny such petitions without providing an explanation, aligning with procedural norms in the judicial system.
Sources
- Rehearing & Rehearing En Banc
- The En Banc Procedures of the United States Courts of Appeals
- Court Coverage Tutorial: General Information - Ninth Circuit
- En Banc or In Bank? Take a Seat - Judicature - Duke University
- Supreme Court of the United States
- Determining the Majority of Judges Required to Grant En Banc ...
- D.C. Circuit Review – Reviewed: En Banc Review
- Ninth Circuit En Banc Process
