Maxwell Kadel v. Dale Folwell, No. 22-1721 (4th Cir. 2023)

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The court issued a subsequent related opinion or order on April 29, 2024.

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FILED: April 12, 2023 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 22-1721 (1:19-cv-00272-LCB-LPA) ___________________ MAXWELL KADEL; JASON FLECK; CONNOR THONEN-FLECK; JULIA MCKEOWN; MICHAEL D. BUNTING, JR.; C.B., by his next friends and parents; SAM SILVAINE; DANA CARAWAY Plaintiffs - Appellees v. DALE FOLWELL, in his official capacity as State Treasurer of North Carolina; EXECUTIVE ADMINISTRATOR OF THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES Defendants - Appellants and NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES; STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY Defendants ------------------------------ CONSTITUTIONAL LAW PROFESSORS Amicus Supporting Appellant NEW YORK; CALIFORNIA; COLORADO; DELAWARE; HAWAII; ILLINOIS; MAINE; MARYLAND; MASSACHUSETTS; MINNESOTA; NEVADA; NEW JERSEY; NEW MEXICO; OREGON; RHODE ISLAND; VERMONT; WASHINGTON; DISTRICT OF COLUMBIA Amici Supporting Appellee ___________________ ORDER ___________________ Upon a sua sponte poll of the court, a majority of judges in regular active service and not disqualified voted to rehear this case en banc. IT IS ORDERED that rehearing en banc is granted. The parties shall file 16 additional paper copies of their briefs and appendices previously filed in this case within 10 days. For the Court /s/ Patricia S. Connor, Clerk

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