Both the PFAW and Alliance for Justice reports on Judge Roberts claim that the vote for rehearing the “hapless toad” case (Rancho Viejo) was 7-2. Maybe so, but neither group knows this. Although only two judges on the court wrote dissents from the decision, this does not mean only two judges voted for rehearing. As the D.C. Circuit handbook explains: “An order granting rehearing en banc does not indicate the names of the judges who voted against rehearing, but an order denying rehearing en banc does indicate the names of the judges who voted to grant rehearing en banc, if they wish” (emphasis added). In other words, judges can vote for rehearing, but then keep their votes private when the order is released. For all we know the vote was 6-3 or 5-4. I know this is a tiny detail, but the mistake still annoys me every time I see it.