Changes

'''''En banc''''' means all the active judges of a court sitting together to consider and decide a case. Appellate courts can consist of a dozen or more judges, but often they typically cases in panels of three judges. If a case is heard or reheard by the full court, which only occurs a few times a year in each appellate circuit, it is heard ''en banc''.

'''''En banc''''' means all the active judges of a court sitting together to consider and decide a case. Appellate courts can consist of a dozen or more judges, but they typically decide cases in panels of three judges. If a case is heard or reheard by the full court, which only occurs a few times a year in each appellate circuit, it is heard ''en banc''.

 

In political cases, ''en banc'' review can result if the three-judge panel has an ideological majority which is a minority among all the active judges on the court.  Senior judges sit on panels but do not preside in ''en banc'' hearings, except for judges who were on the original panel.

In some smaller appellate courts, the entire court may consist of only three judges (such as the Texas 12th Circuit Court of Appeals in Tyler), so all cases are automatically heard ''en banc''.  On the other hand, the Court of Appeals for the [[Ninth Circuit]] is so large that its ''en banc'' sittings are not truly so, but only about half of the active judges hear a case, rather than all the active judges.

In some smaller appellate courts, the entire court may consist of only three judges (such as the Texas 12th Circuit Court of Appeals in Tyler), so all cases are automatically heard ''en banc''.  On the other hand, the Court of Appeals for the [[Ninth Circuit]] is so large that its ''en banc'' sittings are not truly so, but only about half of the active judges hear a case, rather than all the active judges.