The justices put off an expected ruling and will rehear the issues on September 9.

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Circuit Court to rehear the case that so far has only been heard by the court's three-judge panel.

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Last month Illinois's Attorney General Lisa Madigan filed a petition asking the full Seventh Circuit to rehear the case.

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In that kind of case, Justice Kennedy said they're rare, but that a federal court should reopen an old death row case and sort of rehear the evidence.

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If the appeal is accepted, the court will decide whether the original three judges will rehear the case or if the full membership of the court will do so.

CNN: elian

Legally, EPA has until October 5th to either file a petition to the original three-judge panel who would rehear its revised arguments, or it could ask for the full bench to listen to its side.

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