Opinion
No. 19-60133
09-23-2019
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
Robert Bruce McDuff, Esq., Jackson, MS, Jon Marshall Greenbaum, Esq., Director, Ezra D. Rosenberg, Esq., Arusha Gordon, Lawyers' Committee for Civil Rights Under Law, Washington, DC, Beth Levine Orlansky, Mississippi Center for Justice, Jackson, MS, Caitlyn E. Silhan, Waters & Kraus, L.L.P., Dallas, TX, Ellis Turnage, Turnage Law Office, Cleveland, MS, for Plaintiffs-Appellees. Michael Brunson Wallace, Esq., Charles Edward Cowan, Wise Carter Child & Caraway, P.A., Jackson, MS, Brian Parker Berry, Tommie S. Cardin, Butler Snow, L.L.P., Ridgeland, MS, for Defendants-Appellants. Joseph Henry Ros, Esq., Currie, Johnson & Myers, P.A., Biloxi, MS, for Amicus Curiae JUDICIAL WATCH, INCORPORATED.
Robert Bruce McDuff, Esq., Jackson, MS, Jon Marshall Greenbaum, Esq., Director, Ezra D. Rosenberg, Esq., Arusha Gordon, Lawyers' Committee for Civil Rights Under Law, Washington, DC, Beth Levine Orlansky, Mississippi Center for Justice, Jackson, MS, Caitlyn E. Silhan, Waters & Kraus, L.L.P., Dallas, TX, Ellis Turnage, Turnage Law Office, Cleveland, MS, for Plaintiffs-Appellees.
Michael Brunson Wallace, Esq., Charles Edward Cowan, Wise Carter Child & Caraway, P.A., Jackson, MS, Brian Parker Berry, Tommie S. Cardin, Butler Snow, L.L.P., Ridgeland, MS, for Defendants-Appellants.
Joseph Henry Ros, Esq., Currie, Johnson & Myers, P.A., Biloxi, MS, for Amicus Curiae JUDICIAL WATCH, INCORPORATED.
Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN, ELROD, HAYNES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.
Judges Southwick and Graves are recused and did not participate in this decision.
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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.