Matthew Brach v. Gavin Newsom

18 F.4th 1031

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 8 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MATTHEW BRACH, an individual; JESSE No. 20-56291 PETRILLA, an individual; LACEE BEAULIEU, an individual; ERICA D.C. No. SEPHTON, an individual; KENNETH 2:20-cv-06472-SVW-AFM FLEMING, an individual; JOHN ZIEGLER, Central District of California, an individual; ALISON WALSH, an Los Angeles individual; ROGER HACKETT, an individual; CHRISTINE RUIZ, an ORDER 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.

.

MURGUIA, Chief Judge:

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.