United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 19-5176 September Term, 2019

1:19-cv-00969-TNM

Filed On: March 13, 2020

United States House of Representatives,

Appellant

v.

Steven T. Mnuchin, in his official capacity as

Secretary of the United States Department of

the Treasury, et al.,

Appellees

_____________

No. 19-5331

1:19-cv-02379-KBJ

Committee on the Judiciary of the United

States House of Representatives,

Appellee

v.

Donald F. McGahn, II,

Appellant

BEFORE: Srinivasan, Chief Judge, and Henderson, Rogers, Tatel, Garland,

Griffith, Millett, Pillard, Wilkins, Katsas*, and Rao*, Circuit Judges

O R D E R

On March 6, 2020, the Committee on the Judiciary timely filed a petition for

rehearing en banc in Committee on the Judiciary of the U.S. House of Representatives v.

McGahn, No. 19-5331 (D.C. Cir. Feb. 28, 2020). In U.S. House of Representatives v.

Mnuchin, No. 19-5176, the panel requested a vote of the en banc court to determine

whether to rehear Mnuchin en banc in light of the common issue of Article III standing

presented in that case and McGahn. See D.C. Circuit Handbook of Practice and Internal

Procedures 60 (2019) (judge may suggest en banc consideration prior to panel

decision); Fields v. Office of Eddie Bernice Johnson, No. 04-5315 (D.C. Cir. Apr. 29,

2005) (en banc) (en banc review granted in two cases presenting common issue); United

States v. Crowder, No. 92-3133 (D.C. Cir. May 17, 1995) (en banc) (same).

* Circuit Judges Katsas and Rao did not participate in these matters.
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 19-5176 September Term, 2019

No. 19-5331

A vote was taken and a majority of the judges eligible to participate voted to rehear

McGahn and Mnuchin en banc. Upon consideration of the foregoing, it is

ORDERED that the petition for rehearing en banc filed in McGahn, No. 19-5331,

be granted and the judgment in that case filed February 28, 2020, be vacated. It is 

FURTHER ORDERED that these cases be scheduled for oral argument before

the en banc court on Tuesday, April 28, 2020. Senior Circuit Judge Sentelle, a member

of the merits panel in Mnuchin, will sit on the en banc panel for that case only. It is 

FURTHER ORDERED that the parties and amici curiae in Mnuchin provide 30

additional paper copies of their previously filed briefs and joint appendix to the court by

4:00 p.m. on March 26, 2020. It is 

FURTHER ORDERED that the parties and amici curiae in McGahn provide 30

additional paper copies of their previously filed briefs, supplemental briefs, and joint

appendix to the court by 4:00 p.m. on March 26, 2020. It is

FURTHER ORDERED that the parties file supplemental briefs in each case, not

to exceed 6,500 words, addressing only Article III standing. The following supplemental

briefing schedule will apply in these cases:

Appellant’s Brief in McGahn, No. 19-5331 March 30, 2020, by 4:00 p.m.

Appellant’s Brief in Mnuchin, No. 19-5176

Appellee’s Brief in McGahn, No. 19-5331 April 16, 2020, by 4:00 p.m.

Appellee’s Brief in Mnuchin, No. 19-5176

In addition to electronic filing, the parties are to submit 30 paper copies of their

supplemental briefs to the court by the time and date due.

Because the briefing schedule is keyed to the date of argument, the court will

grant requests for extension of time limits only for extraordinarily compelling reasons. All

briefs and appendices must contain the date that the case is scheduled for oral

argument at the top of the cover. See D.C. Cir. Rule 28(a)(8). 

A separate order will issue regarding allocation of oral argument time. 

Per Curiam

FOR THE COURT:

Mark J. Langer, Clerk 

BY: /s/

Michael C. McGrail

Deputy Clerk

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