In a legal context, the term “en banc” is used to describe a hearing or decision that is made by a full appeals court, hearing the arguments of both parties in the case. This is in contrast to the typical proceedings, where each side is heard by a panel of just three judges.
In its simplest form, en banc is a way to make sure cases are heard by more than just a single or small amount of judges. This allows for a more thorough and unbiased decision. Cases are typically heard en banc when there’s an important legal question at hand, or when a panel decision needs to be reconsidered.
When a case is heard en banc, the entire court hears and decides on the case, as opposed to a three-judge panel. This process can help limit the influence of individual bias and also serves as an additional safeguard to assure that justice is served.
The potential to hear en banc is provided for by each judicial circuit. The U.S. Supreme Court, the highest court in the nation, hears cases en banc only occasionally. Many judicial decisions originally handed down by three-judge panels, that later are overturned by the full court of appeals, give great weight to the en banc decision.
En banc decisions are not routinely seen in normal court proceedings. However, they are important when it comes to ensuring a fair legal process. By providing a thorough vetting of arguments and decisions, en banc proceedings can result in reliable outcomes and fairer judgments.