Flashcards Studio

Facts: In a case before the Supreme Court, a Division issues a decision interpreting a statute implementing a bilateral environmental treaty on cross‑border pollution controls. The Solicitor General files a petition for en banc review arguing that the Division’s ruling would create non‑uniform practice across related disputes and would conflict with the Court’s approach to treaty interpretation. The Court grants en banc review. After full briefing, the en banc court reverses, adopting a broader interpretation that expands the statute’s domestic reach in all related disputes.
(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?