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Texas v. USA, 14 F.4th 332, to be Reheard En Banc by CA5, Stay Lifted (Enforcement Priorities)

December 01, 2021 (1 min read)

Order: "A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated September 15, 2021*, is VACATED."

Order: "On a poll taken pursuant to a request by an active member of the court for rehearing en banc, a majority of active judges in service and not disqualified has determined that the panel opinion issuing a stay pending appeal should be vacated. The appeal shall be assigned to an oral argument panel in the regular course.

* Texas v. United States, 14 F.4th 332 (CA5, Sept. 15, 2021)