"The Panel’s decision collapses any meaningful distinctions among detentions, seizures and forfeitures and between ultra vires and constitutional review. Furthermore, it has effectively rewritten prospective, targeted CPIA import restrictions into embargoes on all archaeological objects of types found on designated lists. Amicus support attests to the public importance of these issues. Rehearing is warranted.... This Court should not sanction assuming away important elements of the Government’s prima facie case. Nor should the Court close its eyes to relevant information, including Government admissions, or further a demonstrably false narrative about how import restrictions on coins were promulgated to justify its decision."
Update (10/26/18)- The 4th Circuit has denied the Guild's request for rehearing so the Guild will now seek certiorari from the Supreme Court. Cultural Property News has written a good story about this case. See https://culturalpropertynews.org/an-epic-battle-u-s-v-3-knife-shaped-coins/