1:19-cv-00272-LCB-LPA) MAXWELL KADEL v. Dale Folwell

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
------------------------------

-- 1 of 2 --

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
___________________
O R D E R
___________________
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

-- 2 of 2 --