Air Line Pilots Ass'n, International v. Eastern Air Lines, Inc.

I agree with my colleague Judge Ruth B. Ginsburg that it is only in the “rarest of *231circumstances” that we should rehear a case en banc. Apart from concerns about the drain on judicial resources, the expense and delay for the litigants, and the risk of a multiplicity of opinions that en banc consideration entails, the commands of judicial collegiality require judges on a circuit to trust one another in the handling of panel dispositions. Nonetheless, “rare circumstances” do occur when en banc consideration is necessary “to secure or maintain uniformity of decisions or when a case involves a…