Rehearing Revisited: Do Some Judges CFR More Often Than Others?

In a recent post, we took a look at data on rehearing petitions—specifically, the timing of calls for responses (CFRs).  Today, we dig further into that data to see if we can identify judges whose panels CFR more often.

As you may remember, for a rehearing petition to succeed in the Federal Circuit, the Court first needs to CFR.  No response to a rehearing petition may be filed unless the Court orders one.  A CFR thus signals that at least one member of the Court is interested in the petition.

The Court doesn't publicize who issues CFRs.  But we can guess.  As we explained in our previous post, the Court's internal operating procedures suggest early CFRs—within 10 business days of the petition—typically come from someone on the original merits panel.