MATTHEW BRACH V. GAVIN NEWSOM, No. 20-56291 (9th Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on July 23, 2021.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 8 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MATTHEW BRACH, an individual; JESSE PETRILLA, an individual; LACEE BEAULIEU, an individual; ERICA SEPHTON, an individual; KENNETH FLEMING, an individual; JOHN ZIEGLER, an individual; ALISON WALSH, an individual; ROGER HACKETT, an individual; CHRISTINE RUIZ, an 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. No. U.S. COURT OF APPEALS 20-56291 D.C. No. 2:20-cv-06472-SVW-AFM Central District of California, Los Angeles ORDER . 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. 2

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