I don't know what these people are doing
Aug. 11, the Seventh Circuit holds X.
Aug. 18, different panel holds "not X."
Aug. 28, second panel withdraws its opinion. You assume its to avoid an intracircuit split of authority, don't you?
Nope. Sept. 7, the second opinion gets reissued. The Aug. 11 opinion is mentioned nowhere, but the court states in a footnote that it would be "ridiculous" if any court were to hold such a thing.
How'd you like to be a fly on the wall during an en banc discussion of this issue?
Aug. 18, different panel holds "not X."
Aug. 28, second panel withdraws its opinion. You assume its to avoid an intracircuit split of authority, don't you?
Nope. Sept. 7, the second opinion gets reissued. The Aug. 11 opinion is mentioned nowhere, but the court states in a footnote that it would be "ridiculous" if any court were to hold such a thing.
How'd you like to be a fly on the wall during an en banc discussion of this issue?
posted by David Ziemer at 1:05 PM
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