Case: 23-35440, 10/10/2023, ID: 12806873, DktEntry: 69, Page 1 of 1
`
`FOR PUBLICATION
`
`UNITED STATES COURT OF APPEALS
`
`FOR THE NINTH CIRCUIT
`
`
`FILED
`
`
`OCT 10 2023
`
`MOLLY C. DWYER, CLERK
`U.S. COURT OF APPEALS
`
`
`
`
`
`
`
` Plaintiff-Appellee,
`
`UNITED STATES OF AMERICA,
`
`
`
` v.
`
`
`STATE OF IDAHO,
`
`
`
` 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,
`
`
`
`
`
`
`Nos. 23-35440, 23-35450
`
`
`
`
`D.C. No. 1:22-cv-00329-BLW
`District of Idaho,
`Boise
`
`
`ORDER
`
`
`
`
`
`
`
` Defendant,
`
`
`
`
`
`
`
` 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.
`
`
`
`
`
`
`
`
`
`

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