Argued: October 19, 2018
from the United States District Court for the Eastern
District of Tennessee at Knoxville. No. 3:17-cv-00110-Travis
R. McDonough, District Judge.
PETITION FOR REHEARING EN BANC AND REPLY:
R. Webber, ELLIOTT, FAULKNER & WEBBER, Beavercreek, Ohio,
Cameron T. Norris, CONSOVOY MCCARTHY PLLC, Arlington,
Virginia, for Appellant.
E. McLaughlin, Bethany B. Hauser, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Appellees.
J. Vecchione, CAUSE OF ACTION INSTITUTE, Washington, D.C.,
Kristin E. Hickman, UNIVERSITY OF MINNESOTA LAW SCHOOL,
Minneapolis, Minnesota, for Amici Curiae.
Before: SUHRHEINRICH, CLAY, and NALBANDIAN, Circuit Judges.
panel issued an order denying the petition for rehearing en
banc. CLAY, J. (pp. 3-5), delivered a separate opinion
concurring in the denial of rehearing en banc. SUTTON, J.
(pp. 6-7), delivered a separate opinion concurring in the
denial of rehearing en banc. THAPAR, J. (pp. 8-13), delivered
a separate opinion dissenting from the denial of rehearing en
banc, in which KETHLEDGE, BUSH, LARSEN, NALBANDIAN, READLER,
and MURPHY, JJ., joined.
court received a petition for rehearing en banc. The original
panel reviewed the petition and concludes that the issues
raised in the petition were fully considered upon the
original submission and decision. The petition was then
circulated to the full court. Less than a majority of the
judges voted in favor of rehearing en banc.
the petition is denied.
IN THE DENIAL ...