United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-5277 September Term, 2024 1:21-cv-02128-RJL Filed On: October 15, 2024 End Citizens United PAC,

Appellant

v.

Federal Election Commission and New Republican PAC,

Appellees

BEFORE: Srinivasan, Chief Judge; Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan, and Garcia, Circuit Judges

ORDER

Upon consideration of appellant’s petition for rehearing en banc, the responses thereto, the briefs of amici curiae, the Rule 28(j) letter and the responses thereto, and the vote in favor of the petition by a majority of the judges eligible to participate, it is

ORDERED that the petition be granted. This case will be reheard by the court sitting en banc. It is

FURTHER ORDERED that the court’s judgment filed January 19, 2024, be vacated. It is

FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, February 25, 2025, in Courtroom 20. It is

FURTHER ORDERED that, in addition to filing briefs electronically, the parties file 30 paper copies of each of the briefs and the appendix, in accordance with the following schedule:

Brief for Appellant November 18, 2024

Appendix November 18, 2024

Brief(s) for Amici Curiae November 25, 2024 in support of Appellant United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-5277 September Term, 2024

Briefs for Appellees December 26, 2024

Brief(s) for Amici Curiae January 2, 2025 in support of Appellees

Reply Brief for Appellant January 23, 2025

In addition to the issues raised in the petition for rehearing en banc, the parties are directed to address in their briefs whether Orloski v. FEC correctly held that an FEC decision can be “contrary to law” under 52 U.S.C. § 30109(a)(8)(C) “if the FEC’s dismissal of the complaint . . . was arbitrary or capricious, or an abuse of discretion.” 795 F.2d 156, 161 (D.C. Cir. 1986).

To enhance the clarity of their briefs, the parties are urged to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43 (2021); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

Parties are strongly encouraged to hand deliver the paper copies of their briefs to the Clerk's office on the date due. Filing by mail may delay the processing of the brief. Additionally, counsel are reminded that if filing by mail, they must use a class of mail that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).

Because the briefing schedule is keyed to the date of argument, the court will grant requests for extension of time limits only for extraordinarily compelling reasons.

A separate order will issue regarding allocation of oral argument time.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Daniel J. Reidy Deputy Clerk

Page 2