PLANNED PARENTHOOD OF GREATER OHIO; PLANNED PARENTHOOD OF SOUTHWEST OHIO REGION, Plaintiffs-Appellees, v. LANCE HIMES, in his official capacity as Interim Director of the Ohio Department of Health, Defendant-Appellant.
For PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF SOUTHWEST OHIO REGION, Plaintiffs - Appellees: Paul R.Q. Wolfson, Kimberly A. Parker, Wilmer Hale, Washington, DC; Jennifer L. Branch, Alphonse A. Gerhardstein, Gerhardstein & Branch, Cincinnati, OH; Michelle Nicole Diamond, Alan Evan Schoenfeld, Wilmer Hale, New York, NY; Carrie Y. Flaxman, Helene T. Krasnoff, Planned Parenthood Federation of America, Washington, DC.
For LANCE HIMES, in his official capacity as Interim Director of the Ohio Department of Health, Defendant - Appellant: Eric E. Murphy, Ohio Attorney General's Office, Appeals Section, Columbus, OH; Stephen P. Carney, Hannah Carrigg Wilson, Office of the Attorney General of Ohio, Columbus, OH; Zachery P. Keller, Office of the Attorney General, Public Utilities Section, Columbus, OH.
For STATE OF MICHIGAN, STATE OF ARIZONA, STATE OF ARKANSAS, STATE OF INDIANA, STATE OF KANSAS, STATE OF NEBRASKA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF WEST VIRGINIA, STATE OF WISCONSIN, STATE OF ALABAMA, STATE OF TENNESSEE, STATE OF LOUISIANA, Amicus Curiae: Aaron D. Lindstrom, Office of the Attorney General of Michigan, Lansing, MI.
For STATE OF NEW YORK, Amicus Curiae: Laura Etlinger, New York State Office of the Attorney General, Albany, NY.
For AMERICAN PUBLIC HEALTH ASSOCIATION, Amicus Curiae: Jyotin R. Hamid, Debevoise & Plimpton, New York, NY.
For STATE OF OHIO, Amicus Curiae: Afshin Bahrampour, Las Vegas, NV.
For UNITED STATES OF AMERICA, Amicus Curiae: Hashim M. Mooppan, Matthew M. Collette, Lewis Yelin, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC.
Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS, SUTTON, COOK, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, and NALBANDIAN, Circuit Judges.
A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.
Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.