(Denial of en banc with remand to consider intervening precedent.)
Dissent from remand:
Parties did not necessarily agree with the implied QP of the consolidated cases. Gathering for en banc and then punting wastes resources.
Dissent from remand:
Nonjusticiable. Especially when only raised by one chamber. Granting en banc sua sponte prior to panel holding was rare, and presumably done to cabin the holding with respect to the facts of the companion case.
United States House of Representatives v. Steven Mnuchin (ORDER)