Preterm-Cleveland v. Lance Himes

Opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 19a0295p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

PRETERM-CLEVELAND; PLANNED PARENTHOOD ┐ SOUTHWEST OHIO REGION; WOMEN’S MED GROUP │ PROFESSIONAL CORPORATION; ROSLYN KADE, M.D.; │ PLANNED PARENTHOOD OF GREATER OHIO, │ Plaintiffs-Appellees, │ > No. 18-3329 │

v. │ │ │

LANCE HIMES, Director, Ohio Department of Health; │ KIM G. ROTHERMEL, Secretary, State Medical Board │ of Ohio; BRUCE R. SAFERIN, Supervising Member, │ State Medical Board of Ohio, │ Defendants-Appellants. │ ┘

Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.

No. 1:18-cv-00109—Timothy S. Black, District Judge.

Decided and Filed: December 13, 2019

Before: COLE; Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, and READLER, Circuit Judges.*

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ORDER

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A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit rule 35(b) provides as follows:

*

Judge Murphy recused himself from participation in this case.

No. 18-3329 Preterm-Cleveland v. Himes Page 2

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument.

ENTERED BY ORDER OF THE COURT

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Deborah S. Hunt, Clerk