circuit panel

The challenge was successful before a federal district court, but that ruling was overturned on appeal by a Fifth Circuit panel.

What is exceptionally unlikely to happen is that the 11th Circuit panel upholds Cannon’s dismissal, according to Neal Katyal, who served as acting solicitor general under former President Barack Obama.

The decision by an 11-judge 9th Circuit panel undoes one made last year by a three-judge panel of the same court.

Earlier this month, a three-judge 5th Circuit panel made up entirely of Republican appointees overturned the Securities and Exchange Commission’s new anti-fraud regulations in their entirety and set forth principles that could eventually lead to the gutting of financial and other regulations from the SEC.

Acting on a request from the Biden administration, a three-judge 9th Circuit panel issued an order Wednesday requiring Aiken to dismiss the case, and she did.