Rules for rehearing en banc merely set the judicial agenda

Evidence

Second, the rule for voting to rehear cases en banc is just an agenda-setting rule. At the actual hearing of en banc cases, however, a majority of the whole court is the required quorum, and the case is decided by ordinary simple-majority voting. — Adrian Vermeule, Absolute Voting Rules, 328

Categorization

• DEFINE: clarifies what an agenda-setting rule is versus a decision rule, a distinction with real doctrinal consequences.
• XREF: connects to: Motions are written requests asking judges for rulings or actions — G. Alan Tarr, Judicial Process and Judicial…, 1087