Re: The 11th Circuit

by Shannen W. Coffin

The Eleventh Circuit is composed of 12 judges. It takes 7 to grant a petition for rehearing en banc. Unfortunately, under 11th Circuit practice (unlike a number of other circuits), you can’t tell what the final vote was. Two judges, Tjoflat and Wilson (who was the dissenter on the original panel decision this morning) wrote separate dissents, but that does not mean that this was a 10-2 vote. It’s impossible to tell, but it is quite possible that other judges also dissented but, for one reason or another, did not join in the written dissents. So the vote might have been closer than it appears.

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