A friendly reminder that any active judge on the D.C. Circuit can ask the full Court of Appeals to vote whether to rehear a panel decision “sua sponte”—that is, even without any party formally petitioning for such an “en banc” rehearing.
The D.C. Circuit currently has 11 active judges, any of whom (including a member of the original panel) is eligible to request a vote to have the full court rehear a panel decision.
It takes a majority—so 6 votes to take a case “en banc.”
It takes a majority—so 6 votes to take a case “en banc.”
And here's a case all the way back from ... September ... in which the two judges in the majority in today's Flynn ruling dissented from the D.C. Circuit's refusal to rehear a different panel decision even though no party had asked it to:
https://www.cadc.uscourts.gov/internet/opinions.nsf/0F06A6C2066AB04B852584780070D151/$file/18-5148-1806970.pdf
https://www.cadc.uscourts.gov/internet/opinions.nsf/0F06A6C2066AB04B852584780070D151/$file/18-5148-1806970.pdf