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Response to Calista241 (Original post)

Thu Nov 7, 2019, 10:42 PM

3. Judge Garland did NOT select the panel of judges.

Under the rules of practice of the DC Circuit, the judges that make up a three-judge panel to hear the merits of a case are selected by the clerk of the court, not the Chief Judge. Anyone with any experience practicing before the DC Circuit knows this.

Rule X.B. Merits Panels.

The Clerk assigns the judges in panels of three to the sitting weeks for which they are available for an entire term. The Clerk attempts to pair each active judge with each other active judge an equal number of weeks during the year, insofar as availability permits. If a judge becomes unavailable, he or she may arrange to switch sitting dates with another judge. Depending on their availability, senior judges of this Court also serve on panels.


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