(a) A quorum is a majority of a panel or of the court en banc.
See 28 U.S.C. § 46. If less than a quorum is present at any
court session, any judge who attends may adjourn the session,
or, if no judge is present, the clerk may adjourn the session.
(b) After a matter has been assigned to a three-judge panel,
if for any reason a panel judge ceases to participate in
consideration of the matter, the two remaining judges may – if
they agree – decide the matter, or may request the clerk to
designate a third judge by random selection. If a third judge
is designated, the clerk will advise the parties. Additional
briefs and argument are not permitted unless the court orders
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Last modified at 12/16/2009