The recent en banc hearing dissent by Judge Van Dyke in the Ninth Circuit is being criticized as vulgar, but that’s not my main takeaway.
Learned Hand famously opposed en banc courts. That sentiment still lives on in the Second Circuit, which goes en banc less often than most circuits. During my clerkship year, for example, there weren’t any. And in my experience, there are always a colossal waste of time and resources.
Congress should abolish the en banc procedure. Maybe I’ll write this proposal up after I do some research into origins and practice.