Dolgencorp, Inc. v. Mississippi Band of Choctaw Indians

JERRY E. SMITH, Circuit Judge,

joined by JONES, CLEMENT, OWEN, and SOUTHWICK, Circuit Judges, dissenting from the denial of rehearing en banc:

The opinion for the panel majority, although well crafted, takes Indian law well beyond anything supported by applicable precedent. I respectfully dissent from the denial of rehearing en banc.

I have explained why the majority opinion is error. See Dolgencorp, Inc. v. Miss. Band of Choctaw Indians, 732 F.3d 409, 419-24 (5th Cir.2013) (Smith, J., dissenting). But error — indeed even grave error, as here — is ordinarily not enough to warrant en banc review.…