Daniel P. Cotter v. Patricia Roberts Harris, Secretary of Health and Human Services

Judge Sloviter, in her opinion Sur Petition for Rehearing Before Panel, states: “The usual, and we believe preferred, practice where the opinions of the panel have already been expressed in majority and dissenting opinions is to rule without opinion on a motion for panel rehearing.” She also expresses regret for “this proliferation of opinions.” I do not, however, know of any such “usual” and “preferred” practice. To the contrary, I have always believed that when vital information such as that now furnished by the Secretary is made available to us in a filed petition, a judge of this court…