Amended opinion, Concurrences and Dissents from Denial of En Banc.
CONCURRING WITH DENIAL OF EN BANC:
Sufficient injury to the organization for standing.
Substance and revision of opinion congruent with usual en banc process.
DISSENT FROM DENIAL OF EN BANC:
Court is not a Platonic Guardian of the Constitution and laws.
The organizations did not sustain sufficient injury for standing, since the statute doesn't make it more difficult to provide legal services to immigrants. Redirection of resources and diminished client pool are insufficient.
Generally, the statute holds that anyone can apply for asylum, but gives the Executive discretion as to whether to grant it. Panel conflates the right to apply with the right to receive.
DISSENT FROM DENIAL OF EN BANC:
Published motions panel opinions are precedential, and make law of the case.