Last week the First Circuit re-heard the civil rights claim by Maine Gubernatorial candidate and ex-Speaker of the House Mark Eves against current Governor LePage. As we blogged recently, the District Court dismissed the claim; the First Circuit panel affirmed; and the full Court granted a motion for rehearing en banc in an order that included lots of specific questions for the parties to re-brief.
One would think that the argument on rehearing would be a rootin’ tootin’ bundle of excitement. The First Circuit only averages about one en banc hearing a year, and this one has some interesting features to it, with our colorful Governor making some choice comments about Eves, leading to this litigation.
But one would be wrong. It was a yawner. The link to the argument is here, although it will go away soon – Eves v. LePage, Case No. 16-1492 Oral Argument.
First, as we mentioned previously, for reasons unknown, Judge