BRACH v. NEWSOM (2021)

United States Court of Appeals, Ninth Circuit.

Matthew BRACH, an individual; Jesse Petrilla, an individual; Lacee Beaulieu, an individual; Erica Sephton, an individual; Kenneth Fleming, an individual; John Ziegler, an individual; Alison Walsh, an individual; Roger Hackett, an individual; Christine Ruiz, an individual; Z. R., a minor; Ade Onibokun, an individual; Brian Hawkins, an individual; Tiffany Mitrowke, an individual; Marianna Bema; Ashley Ramirez, an individual, Plaintiffs-Appellants, v. Gavin NEWSOM, in his official capacity as the Governor of California; Rob Bonta, in his official capacity as the Attorney General of California; Tomas Aragon, in his official capacity as the State Public Health Officer and Department of Public Health Director; Tony Thurmond, in his official capacity as State Superintendent of Public Instruction and Director of Education, Defendants-Appellees.

No. 20-56291

Decided: December 08, 2021

ORDER

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

MURGUIA, Chief Judge: