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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
STATE OF IDAHO,
Defendant,
v.
MIKE MOYLE, Speaker of the Idaho House
of Representatives; CHUCK WINDER,
President Pro Tempore of the Idaho Senate;
THE SIXTY-SEVENTH IDAHO
LEGISLATURE, Proposed Intevenor-
Defendants,
Movants-Appellants.
Nos. 23-35440, 23-35450
D.C. No. 1:22-cv-00329-BLW
District of Idaho,
Boise
ORDER
MURGUIA, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this matter be reheard en banc pursuant to Federal Rule of Appellate Procedure
35(a) and Circuit Rule 35-3. The order published at 2023 WL 6308107 (9th Cir.
Sep. 28, 2023) is vacated.
FILED
OCT 10 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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