No. 22-50882.

60 F.4th 252 (2023)

IN RE Ken PAXTON, Petitioner.

United States Court of Appeals, Fifth Circuit.

FILED February 14, 2023.

Attorney(s) appearing for the Case

Natalie Deyo Thompson , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Beth Ellen Klusmann, Esq. , Office of the Texas Attorney General, Austin, TX, for Petitioner.

Alexandra Wilson Albright , Attorney, Alexander Dubose & Jefferson, L.L.P., Austin, TX, Kirsten Marisol Castaneda , Alexander Dubose & Jefferson, L.L.P., Dallas, TX, Kevin Hampton Dubose , Alexander Dubose & Jefferson, L.L.P., Houston, TX, Jennifer R. Ecklund, Esq. , Elizabeth Myers , Thompson Coburn, L.L.P., Dallas, TX, for Respondents.

Before Higginbotham, Duncan, and Wilson, Circuit Judges.

The panel sua sponte recalls the mandate, withdraws its previous opinion, In re Paxton, 53 F.4th 303 (5th Cir. 2022), and substitutes the following:

Believing Texas intends to enforce its abortion laws to penalize their out-of-state actions, Plaintiffs sued Texas Attorney General Ken Paxton...

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