Legal Definitions - enbancworthy

Enbancworthy describes a legal issue or an entire case that is considered significant enough to be heard by all the judges of an appellate court (or a large majority of them), rather than the typical smaller panel of three judges. This special procedure, known as an "en banc" hearing, is usually reserved for cases that involve exceptionally important legal questions, to resolve conflicting decisions among different panels of the same court, or to address matters of profound public interest. Therefore, an enbancworthy case is one that merits this elevated level of judicial review.

Here are some examples:

• A federal appeals court panel issues a ruling that significantly reinterprets a long-standing provision of the Fourth Amendment regarding digital privacy rights in a way that could affect millions of citizens. Many legal scholars and public interest groups believe this interpretation could have widespread implications for government surveillance and individual liberties.

  This case would be considered enbancworthy because it involves a fundamental constitutional right and a novel interpretation that could set a major precedent, affecting many future cases and potentially conflicting with established legal understanding. The full court's review would ensure a comprehensive and unified approach to such a critical issue.

• Over the past year, two different three-judge panels within the same federal circuit court have issued contradictory rulings on how a specific clause of a new federal cybersecurity law should be applied to data breach notifications. This has created confusion and inconsistency for technology companies and consumers operating within that circuit.

  This situation is enbancworthy because the conflicting panel decisions create legal uncertainty and undermine the principle of consistent application of law within the circuit. An en banc hearing would allow the full court to resolve these internal inconsistencies and establish a single, authoritative interpretation of the cybersecurity law for everyone in its jurisdiction.

• A state appellate court panel upholds a lower court's decision that could drastically alter how public utilities are regulated across the entire state, potentially leading to significant changes in electricity rates and service availability for all residents and businesses.

  This case is enbancworthy due to its broad public policy implications and significant impact on a large segment of the population. The potential for such a widespread effect on essential services and the state economy makes it imperative for the full court to consider the matter, ensuring that the final decision reflects the collective judgment of the court on an issue of profound statewide importance.