Judge Harvey petitioned the Seventh Circuit court for an en banc rehearing, which was denied. The decision was overturned in a 2009 en banc rehearing. Walmart again filed for a rehearing en banc. The vote was 6-6, which warranted a denial of rehearing en banc. The court declined to reconsider the case en banc. Writing for a majority of the en banc court, Judge Kethledge rejected that challenge. The Court of Appeals decided to review the case "en banc". Each court of appeals also has particular rules regarding "en banc" proceedings. The 2nd Circuit Court denied Brady's request for an "en banc" hearing on July 13. There is no procedure for the Court to sit en banc. The Commissioners exercise quasi-legislative and quasi-judicial functions either "en banc" or in division. On February 10, 2020, O'Scannlain wrote an opinion respecting the denial of en banc. There were 5 opinions attached to the order denying en banc. The vote was 6-6, which warranted a denial of en banc. Some cases, however, receive an "en banc" hearing.