Flashcards Studio

Facts: In a case before the Supreme Court, a Division issues a decision on a controlling point of law arising from the interpretation of a statute implementing a bilateral treaty on cybercrime cooperation. The Solicitor General files a petition for en banc review, arguing that the Division’s ruling would yield non-uniform practice across related cases and would be inconsistent 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 cybercrime cases involving foreign suspects under a specific threshold. (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?