Both the SEC, the loser in the most recent conflict minerals rehearing decision, and Amnesty International, an intervenor on the losing rehearing side, have asked for an en banc rehearing on the recent rehearing of the conflicts minerals decision. The SEC’s request is here and Amnesty International’s request is here.
The SEC says among other things a rehearing of the rehearing is necessary because the decision conflicts with prior decisions from the court as well as with Supreme Court precedent.
Amnesty International says among other things rehearing en banc of the rehearing is necessary to ensure that securities disclosures are subject to relaxed First Amendment review, consistent with Zauderer and court precedent.
So we’ll wait to learn if a rehearing of the rehearing is going to happen and in the meantime everyone is left in a lurch.