United States v. State of Idaho

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 10 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 23-35440, 23-35450 Plaintiff-Appellee, v. D.C. No. 1:22-cv-00329-BLW District of Idaho, STATE OF IDAHO, Boise

Defendant, ORDER v.

MIKE MOYLE, Speaker of the Idaho House of Representatives; CHUCK WINDER,

President Pro Tempore of the Idaho Senate;

THE SIXTY-SEVENTH IDAHO

LEGISLATURE, Proposed Intevenor-

Defendants,

Movants-Appellants.

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this matter be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The order published at 2023 WL 6308107 (9th Cir. Sep. 28, 2023) is vacated.