Rehearing in Murphy

Just in case you missed it, the DC Circuit Panel that held 26 U.S.C. § 104(a)(2) is unconstitutional under the 16th Amendment as applied to a recovery for a non-physical personal injury unrelated to lost wages or earnings caved to pressure from everyone that was yelping, like a coon dog, and agreed to rehear Murphy v. United States, 460 F.3d 79 (D.C. Cir. 8/22/06).  Our coverage of the underlying decision here.  I wonder if they will think the same way about the upcoming detainee appeals.  Tnx TaxProfBlog.