General Legal
on BONKEn Banc
Definition
En banc ("by the full bench") refers to a hearing or rehearing before all judges of a court, rather than the usual three-judge panel in the federal circuit courts. En banc review is typically reserved for cases involving questions of exceptional importance or cases where the panel decision conflicts with prior circuit authority. Under Federal Rule of Appellate Procedure 35, an en banc hearing requires a majority vote of the active judges. The Supreme Court always sits en banc.
Example
A three-judge panel issues an opinion that conflicts with an earlier opinion from the same circuit. The losing party petitions for en banc rehearing to resolve the intra-circuit conflict.