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U.S. v. FLUTE

No. 17-3727.

951 F.3d 908 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Samantha FLUTE, Defendant-Appellee. National Advocates for Pregnant Women; National Perinatal Association; Native American Community Board; Native Youth Sexual Health Network; Sovereign Bodies Institute; American Academy of Addiction Psychiatry; National Alliance for Medication Assisted Recovery; Harm Reduction Coalition; Academy of Perinatal Harm Reduction; Women and Harm Reduction International Network; Birth Rights Bar Association; Medical Students for Choice; National Crittenton; Young Women United; Dr. Elizabeth Armstrong; Dr. Arnold Cohen; Ms. Charon Asetoyer, M.A.; Louis Backus, M.P.H.; Dr. Jerry Ballas; Ruth Birgin; Jessica Danforth; Sarah Deer, J.D.; Dr. Alesha Elizabeth Doan; Dr. Stephen Kendall; Mark Kinzy; Gary Langis; Kandace Littlefoot; Annita Lucchesi; Dr. Ruth Rose-Jacobs, Sc.D; Dr. Andrea Smith; Dr. Kimberly Sue; Lauren van Schilfgaarde, J.D.; Jocelyn Woods, M.A., CARC, CMA; Dr. Zeal Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2020.

ORDER

Appellee Flute's motion to withdraw her petition for rehearing en banc has been considered by the court and is granted. We decline to take the course suggested by the dissent of dismissing the appeal and motion to withdraw the petition for rehearing as moot, vacating the panel opinion, and remanding with instructions for the district court to dismiss the appealed order as moot.

"[V]acatur is an equitable remedy, not an automatic...

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