Intermediate appellate courts hear whatever case is brought before them on appeal. Therefore, the courts are unable to set an agenda through selecting which cases to hear. Appellate courts may be able to set an agenda, though, through en banc rehearings. This article discusses how courts of appeals decide when to grant en banc proceedings and the effect of ideological use of en banc rehearings.
Agenda Setting in the Courts of Appeals: The Effect of Ideology on En Banc Rehearings,
2 J. App. Prac. & Process 157
Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol2/iss1/10