Court of Appeals Grants En Banc Hearing for Halbig
By Hadley Heath Manning
The U.S. Court of Appeals in D.C. just issued an order this morning that granted the government's petition for an en banc hearing.
This means that, rather than going (directly) to the Supreme Court, the case will stay in appellate court for another ruling (with more judges hearing the case this time). This order vacates the appellate court's recent 2-1 ruling in favor of Jacqueline Halbig et al.
If the en banc hearing results in the same ruling, then the Halbig case and the King case will still stand as split-circuit decisions on the same issue. Challengers in the King case have already filed for cert at the Supreme Court.
If the en banc hearing resolves the split circuit (and the ruling is in favor of the government), this does not preclude the Supreme Court from ruling on the cases. The en banc hearing will take place December 17 at 9:30 am.