Due Process and En Banc Decisionmaking

This Article will explore various facets of the decision to review a case en banc. Specifically, the Article addresses whether the votes of the entire circuit on whether to en banc a case should be kept confidential. This Article also discusses the related issue of whether judges should publish opinions concurring in or dissenting from the denial of rehearing en banc and, if so, what the content of such opinions should be. Finally, this Article addresses the criteria circuit judges should consider in deciding whether to rehear a case en banc and whether the likelihood of Supreme Court review thereafter should play a role in the decision to rehear.