FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 3 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF CALIFORNIA, by and through No. 19-15974 Attorney General Xavier Becerra, D.C. No. 3:19-cv-01184-EMC Plaintiff-Appellee, Northern District of California, San Francisco v. ORDER ALEX M. AZAR II, in his Official Capacity as Secretary of the U.S. Department of Health & Human Services; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendants-Appellants.

ESSENTIAL ACCESS HEALTH, INC.; No. 19-15979 MELISSA MARSHALL, M.D., Plaintiffs-Appellees, D.C. No. 3:19-cv-01195-EMC v. ALEX M. AZAR II, Secretary of U.S. Department of Health and Human Services; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendants-Appellants.

STATE OF OREGON; STATE OF NEW No. 19-35386 YORK; STATE OF COLORADO; STATE OF CONNECTICUT; STATE OF D.C. Nos. 6:19-cv-00317-MC DELAWARE; DISTRICT OF COLUMBIA; 6:19-cv-00318-MC STATE OF HAWAII; STATE OF ILLINOIS; STATE OF MARYLAND; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEVADA; STATE OF NEW JERSEY; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; COMMONWEALTH OF PENNSYLVANIA; STATE OF RHODE ISLAND; STATE OF VERMONT; COMMONWEALTH OF VIRGINIA; STATE OF WISCONSIN; AMERICAN MEDICAL ASSOCIATION; OREGON MEDICAL ASSOCIATION; PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.; PLANNED PARENTHOOD OF SOUTHWESTERN OREGON; PLANNED PARENTHOOD COLUMBIA WILLAMETTE; THOMAS N. EWING, M.D.; MICHELE P. MEGREGIAN, C.N.M., Plaintiffs-Appellees, v. ALEX M. AZAR II; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; DIANE FOLEY; OFFICE OF POPULATION AFFAIRS, Defendants-Appellants.

STATE OF WASHINGTON; NATIONAL No. 19-35394 FAMILY PLANNING AND REPRODUCTIVE HEALTH D.C. Nos. 1:19-cv-03040-SAB ASSOCIATION; FEMINIST WOMEN'S 1:19-cv-03045-SAB HEALTH CENTER; DEBORAH OYER, M.D.; TERESA GALL, Plaintiffs-Appellees, v. ALEX M. AZAR II, in his official capacity as Secretary of the United States Department of Health and Human Services; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; DIANE FOLEY, MD, in her official capacity as Deputy Assistant Secretary for Population Affairs; OFFICE OF POPULATION AFFAIRS, Defendants-Appellants.

THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel Order on Motions for Stay Pending Appeal in these cases shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Graber, Christen, and Owens did not participate in the deliberations or vote in these cases.