FOR PUBLICATION

   UNITED STATES COURT OF APPEALS
        FOR THE NINTH CIRCUIT

LINDSAY HECOX; JANE DOE, with          No. 20-35813
her next friends Jean Doe and John
Doe,                                 D.C. No. 1:20-cv-
                                       00184-DCN
               Plaintiffs-Appellees,
  v.

BRADLEY LITTLE, in his official           ORDER
capacity as Governor of the State of
Idaho; SHERRI YBARRA, in her
official capacity as the Superintendent
of Public Instruction of the State of
Idaho and as a member of the Idaho
State Board of Education;
INDIVIDUAL MEMBERS OF THE
STATE BOARD OF EDUCATION,
in their official capacities; BOISE
STATE UNIVERSITY; MARLENE
TROMP, in her official capacity as
President of Boise State University;
INDEPENDENT SCHOOL
DISTRICT OF BOISE CITY, # 1;
COBY DENNIS, in his official
capacity as superintendent of the
Independent School District of Boise
City #1; INDIVIDUAL MEMBERS
OF THE BOARD OF TRUSTEES OF
2                      HECOX V. LITTLE


THE INDEPENDENT SCHOOL
DISTRICT OF BOISE CITY, # 1; in
their official capacities; INDIVIDUAL
MEMBERS OF THE IDAHO CODE
COMMISSION, in their official
capacities,

               Defendants-Appellants,
    and

MADISON KENYON; MARY
MARSHALL,

               Intervenors.


LINDSAY HECOX; JANE DOE, with         No. 20-35815
her next friends Jean Doe and John
Doe,                                 D.C. No. 1:20-cv-
                                       00184-DCN
               Plaintiffs-Appellees,
  v.

BRADLEY LITTLE, in his official
capacity as Governor of the State of
Idaho; SHERRI YBARRA, in her
official capacity as the Superintendent
of Public Instruction of the State of
Idaho and as a member of the Idaho
State Board of Education;
INDIVIDUAL MEMBERS OF THE
STATE BOARD OF EDUCATION,
in their official capacities; BOISE
                     HECOX V. LITTLE                 3


STATE UNIVERSITY; MARLENE
TROMP, in her official capacity as
President of Boise State University;
INDEPENDENT SCHOOL
DISTRICT OF BOISE CITY, # 1;
COBY DENNIS, in his official
capacity as superintendent of the
Independent School District of Boise
City #1; INDIVIDUAL MEMBERS
OF THE BOARD OF TRUSTEES OF
THE INDEPENDENT SCHOOL
DISTRICT OF BOISE CITY, # 1; in
their official capacities; INDIVIDUAL
MEMBERS OF THE IDAHO CODE
COMMISSION, in their official
capacities,

              Defendants,
 and

MADISON KENYON; MARY
MARSHALL,

              Intervenors-Appellants.

                  Filed April 29, 2024

  Before: Kim McLane Wardlaw, Ronald M. Gould, and
            Morgan Christen, Circuit Judges.
4                         HECOX V. LITTLE


                          SUMMARY *


           Equal Protection/Transgender Status

    In light of the Supreme Court’s decision in Labrador v.
Poe, No. 23A763, slip op. (U.S. Apr. 15, 2024), the panel
withdrew its opinions filed on August 17, 2023, published at
Hecox v. Little, 

 (9th Cir. 2023) (affirming the
district court’s order preliminary enjoining Idaho’s Fairness
in Women’s Sports Act, a categorical ban on the
participation of transgender women and girls in women’s
student athletics), with an amended opinion to follow in due
course.

ORDER

    The opinions filed on August 17, 2023 (Dkt. No. 218),
published at Hecox v. Little, 

 (9th Cir. 2023),
are withdrawn in light of the Supreme Court’s decision in
Labrador v. Poe, No. 23A763, slip op. (U.S. Apr. 15, 2024).
An amended opinion will follow in due course.
    IT IS SO ORDERED.




*
 This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.