Evans v. Stephens, 387 F.3d 1220 (11th Cir. 2004). · Go Syfert
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Evans v. Stephens, 387 F.3d 1220 (11th Cir. 2004). Cases Citing This Book View Copy Cite
“hat we understand to be the main purpose of the recess appointments clause - to enable the president to fill vacancies to assure the proper functioning of our government - supports reading both intrasession recesses and intersession recesses as within the correct scope of the cla…”
137 citation events (137 in the last 25 years) across 12 distinct courts.
Strongest positive: National Labor Relations Board v. New Vista Nursing & Rehabilitation (ca3, 2013-05-16) · Strongest negative: Recess Appointments Amid Pro Forma Senate Sessions (olc, 2012-01-06)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
examined Cited "but see" Recess Appointments Amid Pro Forma Senate Sessions (5×) also: Cited "see", Cited "see, e.g."
OLC · 2012 · signal: but see · confidence high
But see id. at 1228 n.2 (“Although I would not reach this ques- 10 Certain language in an 1863 report of the Senate Judiciary Committee could be read to suggest that the Committee believed that recess appointments could be made only during intersession recesses.
examined Cited "but see" Lawfulness of Recess Appointments During a Recess of the Senate Notwithstanding Periodic Pro Forma Sessions (4×) also: Cited "see", Cited "see, e.g."
OLC · 2012 · signal: but see · confidence high
But see id. at 1228 n.2 (“Although I would not reach this question, the text of the Constitution as well as the weight of the historical record strongly suggest that the Founders meant to denote only inter-session recesses.” (Barkett, J., dissenting)).
examined Cited as authority (verbatim quote) National Labor Relations Board v. New Vista Nursing & Rehabilitation (18×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
3rd Cir. · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
hat we understand to be the main purpose of the recess appointments clause - to enable the president to fill vacancies to assure the proper functioning of our government - supports reading both intrasession recesses and intersession recesses as within the correct scope of the cla…
discussed Cited as authority (rule) United States v. Paul Johnson, Jr.
11th Cir. · 2019 · confidence medium
See, e.g., United States v. Gecas, 120 F.3d 1419, 1435-57 (11th Cir. 1997) (en banc) (Fifth Amendment privilege against self- incrimination); Evans v. Stephens, 387 F.3d 1220, 1222-27 (11th Cir. 2004) (en banc) (President’s power to “fill . . .
discussed Cited as authority (rule) Abbington v. Berryhill
S.D. Ala. · 2018 · confidence medium
See United States v. Jones, 74 M.J. 95, 96 (C.A.A.F. 2015) (“Citing Ryder…, the Government urges that we treat the issue of Mr. Soybel’s appointment[ to the United States Air circumstance in the present case.”); Evans v. Stephens, 387 F.3d 1220, 1238 (11th Cir. 2004) (en banc) (Wilson, J., dissenting) (“The Supreme Court has held that Appointments Clause objections are ‘nonjurisdictional’ and thus are subject to forfeiture and waiver analysis.
examined Cited as authority (rule) National Labor Relations Board v. RELCO Locomotives, Inc. (3×) also: Cited "see"
8th Cir. · 2013 · confidence medium
The Court stated that it had discretion to hear the case and would do so I do not believe that the Constitution permits a President to frustrate in this way the careful separation of powers intended by the framers. 387 F.3d at 1234 (11th Cir. 2004) (Barkett, J., dissenting) 10 The majority seems to consider "continued practice" sufficient authority for ignoring the plain language of the Constitution.
examined Cited as authority (rule) National Labor Relations Board v. Enterprise Leasing Co. Southeast, LLC (14×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2013 · confidence medium
Id. at 1226.
discussed Cited as authority (rule) Overstreet ex rel. National Labor Relations Board v. SFTC, LLC
D.N.M. · 2013 · confidence medium
Evans v. Stephens, 387 F.3d 1220, 1226-27 (11th Cir.2004) (President can use Recess Appointment Clause during intrasession recesses and regardless of when the vacancy arises); United States v. Woodley, 751 F.2d 1008, 1012-13 (9th Cir.1985) (President can use Recess Appointment Clause regardless of when vacancy arises); United States v. Allocco, 305 F.2d 704, 709-15 (2d Cir.1962) (same).
cited Cited "see" Bhatti v. Fed. Hous. Fin. Agency
D. Me. · 2018 · signal: see · confidence high
See Evans v. Stephens , 387 F.3d 1220 , 1222-24 (11th Cir. 2004).
cited Cited "see" In re Franks
11th Cir. · 2016 · signal: see · confidence high
See Evans v. Stephens, 387 F.3d 1220 , 1228 n. 14 (11th Cir.2004) (en banc).
cited Cited "see" Schwartz Partners Packaging, LLC v. National Labor Relations Board
D.D.C. · 2014 · signal: see · confidence high
See Evans v. Stephens, 387 F.3d 1220, 1227 (11th Cir.2004) (holding President did not exceed constitutional authority in making recess judicial appointment).
cited Cited "see" Ambassador Services, Inc. v. National Labor Relations Board
11th Cir. · 2013 · signal: see · confidence high
See 387 F.3d 1220 (11th Cir.2004) (en banc) (interpreting the Constitution’s Recess Appointments Clause).
examined Cited "see" Canning v. National Labor Relations Board (7×) also: Cited "see, e.g."
D.C. Cir. · 2013 · signal: see · confidence high
See Evans v. Stephens, 387 F.3d 1220 , 1224 (11th Cir.2004), cert. denied, 544 U.S. 942 , 125 S.Ct. 1640 , 161 L.Ed.2d 510 (2005).
examined Cited "see" Evans v. Stephens (3×)
SCOTUS · 2005 · signal: see · confidence high
See 387 F. 3d 1220 , 1222, n. 1 (CA11 2004) (en banc). 1 agree that there are legitimate prudential reasons for denying certiorari in this somewhat unusual case.
Retrieving the full opinion text from the archive…
Evans
v.
Stephens
02-16424.
Court of Appeals for the Eleventh Circuit.
Mar 31, 2004.
387 F.3d 1220
Published

364 F.3d 1298

Peter EVANS, Detree Jordan, Plaintiffs-Appellees,
v.
CITY OF ZEBULON, GA, Robert Loomis, individually and in his official capacity as Police Chief of the City of Zebulon, GA, Defendants,
Denis Stephens, Defendant-Appellant.

No. 02-16424.

United States Court of Appeals, Eleventh Circuit.

March 31, 2004.

Richard A. Carothers, Thomas M. Mitchell, Carothers & Mitchell, LLC, Buford, GA, for Stephens.

Dovre Christian Jensen, Law Office of Chris Jensen, Norman J. Slawsky, Jacobs & Slawsky, P.A., Clark E. Gulley, Atlanta, GA, Thomas F. Richardson, Norman Carter Pearson, III, Chambless, Higdon & Carson, Macon, GA, Laurel E. Henderson, Laurel E. Henderson, P.C., Decatur, GA, for Plaintiffs-Appellees.

Appeal from the United States District Court for the Northern District of Georgia (No. 01-00009-CV-JTC-3); Jack T. Camp, Judge.

(Opinion Nov. 18, 2003, 351 F.3d 485, 11th Cir.2003)

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

BY THE COURT:

[*~1220]1

A member of this Court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

[*~1240]2

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.