Upcoming En Bancs

The Fifth Circuit recently decided to take three matters en banc:

• Cochran v. SEC, 969 F.3d 507 (2020):  “Judicial review of Securities and Exchange Commission proceedings lies in the courts of appeals after the agency rules. 15 U.S.C. § 78y. This appeal asks whether a party may nonetheless raise a constitutional challenge to an SEC enforcement action in federal district court before the agency proceeding ends.”
• Sanchez v. Smart Fabricators, 970 F.3d 550 (2020), in which all three panel members urged the en banc court to address Circuit precedent about the definition of a seaman; and
• Whole Woman’s Health v. Paxton, No. 17-51060 (Oct. 13, 2020), an abortion case in which the panel disagreed about the effect of June Medical Services LLC v. Russo, 140 S. Ct. 2103 (2020).