The Second Circuit Court of Appeals decided to rehear the Madawi case en banc.
Posted by The Lawfare Podcast, Checked
- Sources
- 4 support1 context
- Said
- 1 time·
- Confidence
- 92%
The Lawfare PodcastSep 14, 2026
The Second Circuit granted rehearing en banc in Mahdawi v. Trump (the 'Madawi' case) by order dated September 3, 2026, confirmed by the court's own order and a Supreme Court filing. The post said 'last week', but the order predates the post by about ten days, a peripheral timing detail that does not change the core claim.
What was said
… by the Second Circuit, which had earlier ruled in favor of Madawi, but got a drew it more conservative panel, and they decided that his case was barred by these, by two of, by two of the jurisdiction stripping provisions. And Judge Preska feels that that's, it is true that last week the Second Circuit said it would rehear that in bank. It did not vacate its earlier ruling, which is what usually happens when you decide to rehear it. Put it on pause. But in any event, Presca even held that a third jurisdictional stripping provision also provides, also applies here. So it's a very negative. …
The Lawfare Podcast · · from the transcriptPost →What we found
Supports. The Second Circuit's September 3, 2026 order states that a majority of active judges voted to rehear Mahdawi v. Trump en banc and orders the appeal heard in banc.[3]
Supports. A Supreme Court filing in No. 26A90 states that on September 3 the Second Circuit, acting sua sponte, granted rehearing en banc in Mahdawi v. Trump, No. 25-1113, Dkt. No. 244.[1]
Supports. Contemporaneous reporting says the full Second Circuit will rehear the Mahdawi immigration detention appeal, citing an ACLU press release, and Law360 reports the en banc court will rehear the panel decision.[4][5]
Context. The July 2026 panel decision in Mahdawi was vacated and remanded, and the en banc order was entered with the panel ruling still pending review; the post's remark that the court did not vacate its earlier ruling is consistent with the order's terms.[2][3]
Sources
5 sources: 2 primary, 3 not rated
- 1No. 26A90supremecourt.gov · primary source · cited for: supports
- 2[PDF] September 30, 2025 Decided: July 21, 2026) Noww3.ca2.uscourts.gov · primary source · cited for: context
- 3United States Court of Appealscourthousenews.com · not rated · cited for: supports, context
- 4Full Second Circuit to Rehear Mohsen Mahdawi Immigration Detention Casedavisvanguard.org · not rated · cited for: supports
- 5Immigration : Law360 UK : Legal News & Analysislaw360.co.uk · not rated · cited for: supports
Where this claim was made
Said in 1 published post
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