Reproductive Health Services v. Daryl Bailey

22 F.4th 1346

Opinion

USCA11 Case: 17-13561 Date Filed: 01/27/2022 Page: 1 of 2

In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 17-13561 ____________________

REPRODUCTIVE HEALTH SERVICES, on behalf of its patients, physicians and staff, JUNE AYERS, RN, Plaintiffs-Appellees, versus LUTHER STRANGE, in his official capacity as Attorney General of the State of Alabama,

Defendant,

DARYL D. BAILEY, in his official capacity as District Attorney of Montgomery County, Alabama, USCA11 Case: 17-13561 Date Filed: 01/27/2022 Page: 2 of 2

2 17-13561

STEVE T. MARSHALL, in his official capacity as Attorney General of the State of Alabama,

Defendants-Appellants.

Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:14-cv-01014-SRW ____________________

Before WILLIAM PRYOR, Chief Judge, WILSON, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, LAGOA, Circuit Judges. BY THE COURT: A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this ap- peal should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted in favor of granting rehearing en banc, IT IS ORDERED that this appeal will be reheard en banc. The panel’s opinion is VACATED.

 Judge Brasher recused himself and did not participate in the en banc poll.