Kellogg v. Nichols: Second Circuit Denies Rehearing in Licensing Case

What Happened

On June 30, 2026, the Second Circuit denied petitions to rehear Kellogg v. Nichols en banc. The amended panel opinion had concluded that the suit against the judicial licensing officer was barred in the circumstances presented. No majority of active judges voted to rehear the case.^[1]

The Ruling Is Procedural

The disposition concerns Article III adversity and immunity questions involving an upstate judge acting as a licensing officer. The court did not decide whether the applicants should receive licenses and did not issue a merits ruling that validates every New York licensing requirement. Separate concurring and dissenting opinions debated access to federal review.

Practical Effect

The amended panel disposition remains in place after the denial of rehearing. Applicants should not cite Kellogg as a decision approving or invalidating the substantive licensing standards. Its immediate significance is the procedural path for challenging decisions made by judicial licensing officers.