Preterm-Cleveland v. LANCE HIMES, Director, Ohio Department of Health

RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 19a0295p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
PRETERM-CLEVELAND; PLANNED PARENTHOOD
SOUTHWEST OHIO REGION; WOMEN’S MED GROUP
PROFESSIONAL CORPORATION; ROSLYN KADE, M.D.;
PLANNED PARENTHOOD OF GREATER OHIO,
Plaintiffs-Appellees,
v.
LANCE HIMES, Director, Ohio Department of Health;
KIM G. ROTHERMEL, Secretary, State Medical Board
of Ohio; BRUCE R. SAFERIN, Supervising Member,
State Medical Board of Ohio,
Defendants-Appellants.
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No. 18-3329
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:18-cv-00109—Timothy S. Black, District Judge.
Decided and Filed: December 13, 2019
Before: COLE; Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS,
SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD,
THAPAR, BUSH, LARSEN, NALBANDIAN, and READLER, Circuit Judges.*
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ORDER
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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:
*Judge Murphy recused himself from participation in this case.
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No. 18-3329 Preterm-Cleveland v. Himes Page 2
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.
ENTERED BY ORDER OF THE COURT
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Deborah S. Hunt, Clerk

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