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Votes to rehear en banc are usually confidential and followed by a simple order when rehearing is denied. But the 2nd Circuit's February vote to deny rehearing en banc a decision on Vermont's radical limits on campaign spending prompted several members of the court to go public -- some with unusually strong language. One dissenting judge wrote that the act at issue was "as unconstitutional as if Vermont were to create a dukedom, apply the thumbscrew, or tax Wisconsin cheese."
May 19, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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