In Re: BETHESDA MEMORIAL HOSPITAL, INC., Petitioner

Without the benefit of briefing or clear guidance from the Supreme Court, a majority of this panel sua sponte abandons a firmly rooted line of circuit authority holding that a district court’s statutory-based remand order must be challenged by Petition for Writ of Mandamus. In so doing, the majority (1) contravenes the well-established rule that only the en banc court or the Supreme Court may reverse prior panel decisions; (2) alters the standard of review applicable in this case; and (3) compounds the error of a decision that is otherwise wrong on the merits. For these reasons, I…