Flashcards Studio

Facts: In a case before the Supreme Court, a Division interprets a statute implementing a bilateral treaty on mutual law enforcement cooperation. The Solicitor General files a petition for en banc review, arguing that the Division’s ruling would lead to non-uniform application across related disputes and would conflict with the Court’s established approach to treaty interpretation. The Court grants the petition for en banc review. After full briefing, the en banc court reverses, adopting a narrower interpretation that confines the statute’s domestic reach to actions arising solely from government enforcement actions, excluding private civil actions.
(a) Identify the controlling rule on when the Supreme Court may sit en banc to review a Division decision.
(b) Distinguish en banc review from a Division decision.
(c) Apply the rule to these facts: Was the grant of en banc review proper? What is the effect of the en banc reversal on the controlling doctrine and on future cases?