re collins rehearing: WHOA!
One of the truisms of judicial review is that judges don’t take a case unless they have to.
This applies even more so with respect to rehearings en banc. A merits panel has already heard this case and issued its opinions, 2-1 against Ps with a stinging dissent by Judge Willets. A majority of the 5th circuit judges have decided that the case needs to be reheard. You simply are not going to get that a conclusion that the case needs to be reargued and re-decided unless a majority of judges have a serious belief that the dissent may be right. Ask a judge if he is overworked (and underpaid) and you will get unanimous agreement. Judges don’t grant rehearings without significant reason.
P briefs are due 12/12, and govt briefs due 1/11/19. oral argument to be heard two weeks thereafter.
the rehearing order doesn’t specify, but Ps asked for rehearing on both the APA claim (that NWS not within conservator’s authority to conserve and preserve assets) and denial of relief on finding that FHFA is unconstitutionally structured. It seems both claims are up for re-argument and rehearing.
also the rehearing order doesn’t state that this case is being consolidated with the All-American separation of powers case. I take that as a plus since that would only tend to complicate things for the hearing en banc.