Yesterday, the Fifth Circuit granted rehearing en banc in W.M.M. v. Trump. This case, formerly known as A.A.R.P. v. Trump, presents a challenge to President Trump's use of the Alien Enemies Ac to remove certain aliens. On September 2, the merits panel opinion ruled against Trump. Judge Southwick wrote the majority opinion, and he was joined by Judge Ramirez. Judge Oldham wrote a blistering dissent.

At the time, I wondered whether the Solicitor General would simply seek certiorari, or seek rehearing en banc. The former option would get a resolution sooner, but the government may have worried that the Court would not grant review in the absence of a circuit split. So filing an en banc petition was probably the safer bet. And indeed, the government sought rehearing en banc, which was granted

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