En banc argument observations: Roake and Nathan (10 Commandments)
January 20, 2026
Trying something new here at Take the Fifth, sitting in to observe en banc arguments and provide quick-take observations. Reading the tea-leaves of an argument to predict outcomes is rarely a fruitful exercise even with a three-judge panel, certainly not with a 17-judge en banc panel; but the judges’ questions nevertheless are fertile ground for … More En banc argument observations: Roake and Nathan (10 Commandments)