The one African-American on the original panel, he said, was dismissed for allegedly wishing a plaintiff good luck.
For one thing, none of the three judges on the original panel are on the en banc panel.
The three judges on the original panel as well as the three who recused themselves from yesterday's decision were appointed by Democrats and are considered liberals.
YouGov applies a combination of matching and weighting to the original panel to produce a representative sample, and the weights often make a substantial difference.
The original panel of 11 has been winnowed to these 3, who say their minds are still not made up with Election Day near.
The comic strip ran for almost 50 years, the last original panel being published on 13 February 2000, the day after its creator died.
In many countries of Central Europe is a stock of existing buildings from 1950's to 1980's featuring original panel curtain walls.
The pushback reminds me a bit of the original panel decision in the Chestman case in the 1990s (which was soon vacated and overturned en banc).
The judge, James L. Shumate, pressed them to continue, and then early on Tuesday, for reasons the court did not explain, an alternate juror was substituted for one of the original panel members.
"Although the case has been remitted back to the original panel, it is clear that the court has overruled the panel's finding in relation to Mrs M," said Dickson.
On the left of the lower tier are views of the horse-riding "Just Judges" and "Knights of Christ" — the former a bland copy, installed in 1945, of the original panel, which was stolen in 1934 and is still missing.
