FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 8 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MATTHEW BRACH, an individual; JESSE No. 20-56291
PETRILLA, an individual; LACEE
BEAULIEU, an individual; ERICA D.C. No.
SEPHTON, an individual; KENNETH 2:20-cv-06472-SVW-AFM
FLEMING, an individual; JOHN ZIEGLER, Central District of California,
an individual; ALISON WALSH, an Los Angeles
individual; ROGER HACKETT, an
individual; CHRISTINE RUIZ, an ORDER
individual; Z. R., a minor; ADE
ONIBOKUN, an individual; BRIAN
HAWKINS, an individual; TIFFANY
MITROWKE, an individual; MARIANNA
BEMA; ASHLEY RAMIREZ, an
individual,
Plaintiffs-Appellants,
v.
GAVIN NEWSOM, in his official capacity
as the Governor of California; ROB
BONTA, in his official capacity as the
Attorney General of California; TOMAS
ARAGON, in his official capacity as the
State Public Health Officer and Department
of Public Health Director; TONY
THURMOND, in his official capacity as
State Superintendent of Public Instruction
and Director of Education,
Defendants-Appellees.
.
MURGUIA, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3. The three-judge panel opinion is vacated.
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