Summary
The Ninth Circuit ordered that the case be reheard en banc after a majority of nonrecused active judges voted to do so. The order vacated the prior three-judge panel opinion pursuant to Federal Rule of Appellate Procedure 40(c) and Ninth Circuit Rule 40-3.
Court
United States Court of Appeals for the Ninth Circuit
Jurisdiction
United States Court of Appeals for the Ninth Circuit
Decision date
March 18, 2025
Docket number
22-16490
Procedural posture
On appeal from the United States District Court for the District of Arizona, the court ordered that the case be reheard en banc.
Precedential value
Published procedural order; the prior panel opinion was vacated pending en banc rehearing.
Parties
Kristin K. Mayes, in her official capacity as Attorney General for the State of Arizona, Yuma County Republican Committee v. Arizona Alliance for Retired Americans, Voto Latino, Priorities USA
Disposition
vacated
Topics
appellate procedureelection lawappellate jurisdiction
Practice areas
appellate procedureelection lawcivil rights
Questions Presented
- Whether the case should be reheard en banc under Federal Rule of Appellate Procedure 40(c) and Ninth Circuit Rule 40-3.
- What effect the en banc rehearing order has on the prior three-judge panel opinion.
Holdings
- Upon the vote of a majority of nonrecused active judges, the case was ordered to be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Ninth Circuit Rule 40-3.
- The prior three-judge panel opinion was vacated.
Key quotations
“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 40(c) and Circuit Rule 40-3.” (2)
“The three-judge panel opinion is vacated.” (2)
Factual background
The order contains no substantive factual findings. The case concerns an appeal involving Arizona election-related litigation, but the court's ruling addresses only the procedure for en banc rehearing.
Procedural history
The appeal arose from the District of Arizona in case number 2:22-cv-01374-GMS. Upon the vote of a majority of nonrecused active Ninth Circuit judges, the court ordered rehearing en banc and vacated the prior three-judge panel opinion.
Court Document
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