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Fifth Circuit's en banc disposition of global warming-related case can only be described as curiouser and curiouser

Fifth Circuit's en banc disposition of global warming-related case can only be described as curiouser and curiouser: The Fifth Circuit, with sixteen judges now in regular active service, voted to take the case en banc based on the majority vote of the nine judges who were not recused. After the vote to take the case en banc, a judge who had participated in the en banc vote decided to recuse, leaving eight judges recused and eight judges not recused. This, in the view of at least five of the eight non-recused judges, left the en banc court without a quorum to decide the matter. As for what happened next, you can access today's order and the two dissents therefrom at this link.

My earlier coverage of this notable case can be accessed here, here, and here.

The original ruling from a three-judge Fifth Circuit panel can be accessed here, while the Fifth Circuit's order granting rehearing en banc can be accessed here.

Full post as published by How Appealing on May 29, 2010 (boomark / email).