Another week, another published ruling on an en banc rehearing petition from the Fourth Circuit. Last week we saw Judge Niemeyer arguing in a published concurring opinion that en banc review should be denied so that the case of Gavin Grimm could proceed more quickly to the Supreme Court. (Conversely, Judge Wynn concurred with the denial on the grounds that the panel majority was completely consistent with Supreme Court’s recent precedent, and thus there was no need for further review at all, by any court.) … Continue Reading
