To our disappointment and surprise, the Circuit today declined to grant en banc rehearing in the two “Candyman” cases. See here and here for our discussions of Martin, and here and here for our discussions of Coreas. Two opinions were filed in connection with the denial of en banc rehearing — one by Judge Wesley concurring in the denial, and the other by Judge Pooler dissenting in the denial.
We have already stated our views of these cases, and will add no further words of our own — other than that we agree with Judge Pooler’s final sentence: “I urge the defense attorneys in these cases to seek certiorari, and, in the meantime, I caution the residents of New York, Connecticut, and Vermont to be careful which websites they visit because a few clicks of the mouse could subject their homes to search.” Op. 7.