Filed: Sep. 23, 2019
Latest Update: Mar. 03, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit _ FILED September 23, 2019 No. 19-60133 Lyle W. Cayce _ Clerk JOSEPH THOMAS; VERNON AYERS; MELVIN LAWSON, Plaintiffs - Appellees v. PHIL BRYANT, Governor of the State of Mississippi, all in the official capacities of their own offices and in their official capacities as members of the State Board of Election Commissioners; DELBERT HOSEMANN, Secretary of State of the State of Mississippi, all
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit _ FILED September 23, 2019 No. 19-60133 Lyle W. Cayce _ Clerk JOSEPH THOMAS; VERNON AYERS; MELVIN LAWSON, Plaintiffs - Appellees v. PHIL BRYANT, Governor of the State of Mississippi, all in the official capacities of their own offices and in their official capacities as members of the State Board of Election Commissioners; DELBERT HOSEMANN, Secretary of State of the State of Mississippi, all i..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
_____________________ FILED
September 23, 2019
No. 19-60133
Lyle W. Cayce
_____________________ Clerk
JOSEPH THOMAS; VERNON AYERS; MELVIN LAWSON,
Plaintiffs - Appellees
v.
PHIL BRYANT, Governor of the State of Mississippi, all in the official
capacities of their own offices and in their official capacities as members of
the State Board of Election Commissioners; DELBERT HOSEMANN,
Secretary of State of the State of Mississippi, all in the official capacities of
their own offices and in their official capacities as members of the State
Board of Election Commissioners,
Defendants - Appellants
__________________________
Appeal from the United States District Court for the
Southern District of Mississippi
__________________________
(Opinion August 1, 2019, 5 Cir., 2019,
931 F.3d 455)
(Modified Opinion September 3, 2019, 5 Cir., 2019,
2019 WL 4153107)
Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN,
ELROD, HAYNES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN,
ENGELHARDT, and OLDHAM, Circuit Judges. 1
1Judges Southwick and Graves are recused and did not participate in this
decision.
No. 19-60133
BY THE COURT:
A majority of the circuit judges in regular active service and not
disqualified having voted in favor, on the Court’s own motion, to rehear this
case en banc,
IT IS ORDERED that this cause shall be reheard by the court en banc
with oral argument on a date hereafter to be fixed. The Clerk will specify a
briefing schedule for the filing of supplemental briefs.