Argued En Banc January 27, 1999.
Opinion for the Court filed by Circuit Judge SILBERMAN.
Circuit Judges WALD, GINSBURG, KAREN LeCRAFT HENDERSON, and GARLAND join in Parts I, III, & IV.
Opinion concurring in part and concurring in the result filed by Chief Judge HARRY T. EDWARDS, with whom Circuit Judges WALD and GARLAND join in Part II.
Opinion concurring in part and concurring in the result filed by Circuit Judges WALD and GARLAND.
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