dissenting from the denial of a rehearing in banc:
For the reasons ably stated by Judge Sotomayor in her opinion dissenting from a denial of rehearing in banc, this case involves an issue of exceptional importance. The underlying question has divided any number of federal judges. On that basis, if no other, review of the panel opinion is warranted. Accordingly, I join Judges Leval and Sotomayor in dissenting from the denial of rehearing in banc.