AQHA Publicity
On January 27, 2015, the Plaintiffs filed a petition for rehearing en banc in the United States Court of Appeals for the Fifth Circuit. For the Plaintiffs to be seeking rehearing “en banc” simply means that the Plaintiffs would like for all of the active judges of the Fifth Circuit to rehear the case that was decided originally by the three-judge panel of Judges Jolly, Jones, and Africk (the Panel”).
On February 11, 2015, the Fifth Circuit requested that AQHA file a response to the Plaintiffs’ petition. As requested, AQHA filed its response on February 23, 2015. In its response, AQHA asserted that the Plaintiffs’ petition adds nothing new for the Fifth Circuit’s consideration but, rather, repackages arguments that the Panel properly considered and rejected, unjustly criticizes the Panel’s legal analysis, misstates the Panel’s holdings, and mischaracterizes authority in an attempt to support the Plaintiffs’ position. The Association will provide additional information when the Fifth Circuit issues its ruling on the Plaintiffs’ petition.