re: #224 KGxvi

A sua sponte call for an en banc hearing is really unusual. En banc hearings are fairly rare as it is, but for one to be called for by a judge is kind of surprising - as in, I didn’t even realize that was allowed by the federal rules.

For those of us not versed in legal terminology, I went and looked it up.

Sua Sponte

[Latin, Of his or her or its own will; voluntarily.]

For example, when a court takes action on its own motion, rather than at the request of one of the parties, it is acting sua sponte.

legal-dictionary.thefreedictionary.com

As I recall, the government said it would bring forth additional information to the none it already provided to support its contention the EO is necessary. Perhaps this is the judge making that formal: OK you’ve had enough time.