Consumers' Research v. FCC

Case: 22-60008 Document: 00516804289 Page: 1 Date Filed: 06/29/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit ___________ FILED

June 29, 2023 No. 22-60008

Lyle W. Cayce ___________

Clerk Consumers’ Research; Cause Based Commerce, Incorporated; Kersten Conway; Suzanne Bettac; Robert Kull; Kwang Ja Kerby; Tom Kirby; Joseph Bayly; Jeremy Roth; Deanna Roth; Lynn Gibbs; Paul Gibbs; Rhonda Thomas,

Petitioners, versus

Federal Communications Commission; United States of America,

Respondents. ______________________________ Petition for Review from an Order of the

Federal Communications Comm

Agency No. 96-45 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion March 24, 2023 , 5 Cir., 2023, 63 F.4th 441 ) Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges.

Case: 22-60008 Document: 00516804289 Page: 2 Date Filed: 06/29/2023

No. 22-60008 Per Curiam:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated March 24, 2023, is VACATED.