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Blogged: How Appealing According to the Second Circuit's chief judge, that court's "occluded view of our discretion to sit in banc runs counter to the criteria set down for our guidance in Rule 35." How Appealing Available online from law.com How Appealing The case may be cert.-worthy, but that doesn't make it worthy of en banc review from the U.S. Court of Appeals for the Second Circuit Volokh Conspiracy Important Constitutional Issues Raised by Ricci v. DeStefano: Volokh Conspiracy Unpublished but En Banc Worthy: Wait a Second! Rare public debate among 2d Circuit judges in Title VII en banc denial