ROBERT M. PARKER, Circuit Judge:
We sua sponte withdraw our prior opinion, Hoover v. Morales, 146 F.3d 304 (5th Cir. 1998), and substitute the following:
I.
FACTS & PROCEDURAL HISTORY
At issue in this case are two Texas state policies, one legislative and one administrative, which have the effect of prohibiting state employees from acting as consultants or expert witnesses on behalf of parties opposing the State in litigation...
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