Last summer, we wrote about a unique situation that arose in the case of Rubin v. Islamic Republic of Iran, No. 14-1935 (7th Cir. July 19, 2016), in which the Seventh Circuit found itself unable to assemble a “majority” of the judges in regular active service who were eligible to vote whether to rehear a case en banc.
As of this Monday, January 9, 2017, based on the Order List released by the Supreme Court, there are signs that this long-running saga might not be over. In a practice that is known as issuing a CVSG, or “calling for the views of the Solicitor General,” the Court entered an order inviting the Acting Solicitor General to file a brief “expressing the views of the United States.” Petitions in which the Court enters a CVSG order typically stand a better chance than most of being granted, though making predictions in this realm still is not much more than a guessing game. The case is No. 16-534 on the Supreme Court’s docket.