En banc observations: Holberg (habeas/Brady) and Airlines for America (airline-fee rulemaking); also, adding some hunches
January 21, 2026
Continuing with trying something new here, recording observations from the questions asked at the January en banc sitting. And, contrary to my protest otherwise yesterday, I am giving in to the temptation to try some predictions hunches on the decisions the arguments might lead to, based on the questions and on the judges’ prior inclinations … More En banc observations: Holberg (habeas/Brady) and Airlines for America (airline-fee rulemaking); also, adding some hunches