Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one amicus brief was filed in the only pending en banc case, which raises questions related to the President’s removal powers. The Federal Circuit also denied one petition for en banc review raising a question related the Hatch-Waxman Act. Here are the details.
En Banc Cases
Since our last update, an amicus brief was filed in Jackler v. Department of Justice, the only pending en banc case. As a reminder, in this case the court will review a decision of the Merit Systems Protection Board and answer the following question:
- “Whether the Civil Service Reform Act’s procedural and substantive protections for federal workers conflict with the President’s Article II removal power.”
The amicus brief supports reversal:
En Banc Petitions
Since our last update, the Federal Circuit denied one petition for en banc rehearing.
- Corcept Therapeutics, Inc. v. Teva Pharmaceuticals USA, Inc. (Hatch-Waxman Act)