On Tue, 12 May 2009, Ian Kelly wrote: > On Tue, May 12, 2009 at 4:10 PM, Ed Murphy <emurph...@socal.rr.com> wrote: >> As noted previously, REMAND is as reasonable a way to punt as any >> if the panel fails to produce a majority decision. > > This assumes one subscribes to the theory that punting is reasonable > to begin with.
What's the solution...Reassign a panel? At Supreme interest level where the panel will be likely the same or near the same group? A remand is neutral at least; the judge can say "I stand by my arguments" and punt it back up, or hopefully clarify some argument or other to sway one more member. -Goethe
