Christopher Fain v. William Crouch, No. 22-1927 (4th Cir. 2023)

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FILED: April 12, 2023 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 22-1927 (3:20-cv-00740) ___________________ CHRISTOPHER FAIN; SHAUNTAE ANDERSON, individually and on behalf of all others similarly situated Plaintiffs - Appellees v. WILLIAM CROUCH, in his official capacity as Cabinet Secretary of the West Virginia Department of Health and Human Resources; CYNTHIA BEANE, in her official capacity as Commissioner for the West Virginia Bureau for Medical Services; WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Bureau for Medical Services Defendants - Appellants -----------------------------STATE OF WEST VIRGINIA Amicus Supporting Appellant COLORADO; DELAWARE; DISTRICT OF COLUMBIA; FAIRNESS WEST VIRGINIA; MOUNTAIN STATE JUSTICE, INC.; NATIONAL HEALTH LAW PROGRAM; CENTER FOR MEDICARE ADVOCACY; CONSTITUTIONAL LAW PROFESSORS; AMERICAN MEDICAL ASSOCIATION; ENDOCRINE SOCIETY; NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN'S HEALTH; AMERICAN PSYCHIATRIC ASSOCIATION; SOCIETY OF OB/GYN HOSPITALISTS; ILLINOIS; MAINE; MARYLAND; MASSACHUSETTS; MINNESOTA; NEVADA; NEW JERSEY; NEW MEXICO; NEW YORK; OREGON; RHODE ISLAND; VERMONT; WASHINGTON 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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