Authorities Cited: Supreme Court 500 U.S. 90, 99 Circuit Courts 140 F.3d 415 391 F.3d 86, 97 406 F.3d 159, 167 409 F.3d 100, 105 441 F.3d 96, 104 Federal Rules of Appellate Procedure Fed. R. App. P. 35 Fed. R. App. P. 35(a) Fed. R. App. P. 35(b)

Blogged: How Appealing According to the Second Circuit's chief judge, that court's "occluded view of our discretion to sit in banc runs counter to the criteria set down for our guidance in Rule 35." Volokh Conspiracy More Opinions on Ricci En Banc: Volokh Conspiracy Important Constitutional Issues Raised by Ricci v. DeStefano: Volokh Conspiracy Unpublished but En Banc Worthy: Wait a Second! The public debate over en banc review of firefighters' employment case continues Wait a Second! Rare public debate among 2d Circuit judges in Title VII en banc denial