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Monday, September 29, 2014

Ind. Courts - 7th Circuit tie votes on questions of en banc review are reminder of the unfilled vacancy

An attorney reader writes this morning, referencing this post:

Your post about the 5-5 vote to deny rehearing en banc review of the Wisconsin voter ID case is a reminder of how frustrating it is that the Seventh Circuit has 11 seats but is operating with only 10 regular judges. This has resulted in a couple of cases in which en banc review was granted but the district court was affirmed on a tie vote, and in one such case the Circuit was left with an unresolved conflict over the correct legal standard to prove class-of-one equal protection claims. Del Marcelle v. Brown County Corp., 680 F.3d 887 (7th Cir. 2012) (en banc), cert. denied. As near as I can tell, this is because the vacancy created by the death of Judge Daniel Evans in 2010 remains open, and in fact the President has never even made a nomination to fill it.
Indeed. The ILB has heard several names mentioned as potential nominees, but nothing further.

In addition, Judge Tinder has announced his plans to retire in the spring of 2015.

Posted by Marcia Oddi on September 29, 2014 08:47 AM
Posted to Ind. (7th Cir.) Decisions