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 

 (9th Cir.

Sep. 28, 2023) is vacated.