Carey D. Moore v. Michael L. Kinney, Warden of the Nebraska Penal and Correctional Complex

I agree with the court that justice demands an end to this twenty-year litigation, but not through a result that is clearly wrong. I respectfully suggest that the outcome of this appeal should be governed *784by a faithful application of law, nothing else.

The court hangs its hat on the premise that Moore v. Clarke, 904 F.2d 1226 (8th Cir.1990) (Moore I), mandates today’s decision, stating “[w]e are bound by our opinion in [Moore I ]; only en banc panels have the authority to alter prior decisions.” Ante at 782. This language, through omission, misstates the law. The court in Moore I (with Judge…