I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further fascinating discussion on this topic, Megan Coleman has an excellent post on the Maryland Appellate Blog about the recent published denial of rehearing en banc (by vote of 9 against and 6 in favor) in Jane Doe v. Fairfax County School Board. That published Order features a lengthy opinion from Judge Wynn commenting on the two dissenting opinions of Judges Wilkinson and Niemeyer, and critiquing the practice of such dissents. Ms. Coleman’s post is well worth the read and can be found here:
–Patrick Kane