United States Court of Appeals for the Fifth Circuit United States Court of Appeals ___________ Fifth Circuit FILED No. 23-50632 January 17, 2024 ___________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Greg Abbott, in his capacity as Governor of the State of Texas; State of Texas, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:23-CV-853 ______________________________ ON PETITION FOR REHEARING EN BANC (Opinion December 01, 2023, 5 Cir., 2023, 87 F.4th 616) Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges.

No. 23-50632

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, to hear this case en banc, 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 December 01, 2023, is VACATED.