concurring in the denial of rehearing in banc.
My vote against rehearing does not reflect second thoughts about the position *142stated in my dissenting opinion or doubt about the importance of the issues. I believe, instead, that the case should proceed without further delay to the Court that can resolve the issues the panel addressed. Cf. Lee v. Weisman, — U.S.-, 111 S.Ct. 1305, 113 L.Ed.2d 240 (1991), granting cert. to review 908 F.2d 1090 (1st Cir.1990).