Project Veritas v. Michael Schmidt

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PROJECT VERITAS; PROJECT VERITAS No. 22-35271 ACTION FUND, D.C. No. 3:20-cv-01435-MO Plaintiffs-Appellants, District of Oregon, Portland v. ORDER MICHAEL SCHMIDT, in his official capacity as Multnomah County District Attorney; ELLEN ROSENBLUM, in her official capacity as Oregon Attorney General, Defendants-Appellees. MURGUIA, Chief Judge: 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 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated. Judges Forrest and H.A. Thomas did not participate in the deliberations or vote in this case.