Circuit panel up on its virtual invitation to review the case en banc. Circuit panel said that “as a panel of this court, we are unable to overrule McBryde, and so do not resolve whether McBryde was rightly decided. Whether Appellees have violated the U.S. Constitution’s separation of powers by depriving Judge Newman of the functions of her office for an indefinite period of time, a power delegated solely to the U.S. Senate. Circuit panel up on its virtual invitation to review the case en banc. Judge Newman has been kept from her duties for more than [two] years unconstitutionally, and it should end.”