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RESURRECTION SCHOOL v. HERTEL

No. 20-2256.

16 F.4th 1215 (2021)

RESURRECTION SCHOOL; Christopher Mianecki, individually and as next friend on behalf of his minor children C.M., Z.M., and N.M.; STEPHANIE SMITH, individually and as next friend on behalf of her minor child F.S., Plaintiffs-Appellants, v. Elizabeth HERTEL, in her official capacity as the Director of the Michigan Department of Health and Human Services; Dana Nessel, in her official capacity as Attorney General of the State of Michigan; Linda Vail, in her official capacity as the Health Officer of Ingham County; Carol A. Siemon, in her official capacity as the Ingham County Prosecuting Attorney, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 10, 2021.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Erin Elizabeth Mersino , GREAT LAKES JUSTICE CENTER, Lansing, Michigan, Robert J. Muise , AMERICAN FREEDOM LAW CENTER, Ann Arbor, Michigan, for Appellants. ON RESPONSE: Daniel J. Ping , Joseph T. Froehlich , Ann M. Sherman , Jennifer Rosa , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for State of Michigan Appellees. Bonnie G. Toskey , Sarah K. Osburn , COHL, STOKER & TOSKEY, P.C., Lansing, Michigan, for Appellees Linda Vail and Carol Siemon. ON BRIEF: Brett R. Nolan, OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, Daniel H. Blomberg , THE BECKET FUND FOR RELIGIOUS LIBERTY, Washington, D.C., for Amici Curiae.

Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, Circuit Judges.

ORDER

On Petition for Rehearing En Banc.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous...

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