En Banc Review
En banc review is review of a case by all active judges of a federal court of appeals, or by a larger group under the circuit's rules, rather than by the usual three-judge panel. Courts may grant en banc review to resolve important questions or conflicts within the circuit.
En banc review is review of a case by all active judges of a federal court of appeals, or by a larger group under the circuit’s rules, rather than by the usual three-judge panel. Courts may grant en banc review to resolve important questions or conflicts within the circuit.
Example: The Ninth Circuit considered the travel-ban litigation in an en banc proceeding in 2017, with the court’s opinion addressing the legal challenge to the executive order.
Common misconception: Every appeal is heard en banc. Most federal appeals are decided by three-judge panels; en banc review is reserved for selected cases.
Sources: https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals; https://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/22/17-17168.pdf