ORDER
Following the September 18, 2023 oral argument in this matter, a poll was called to consider whether this matter should be heard and decided by the en banc court in the first instance. A majority of the active judges of the court voted in favor of initial hearing en banc, and the poll carried.
Judge Rossman has written separately in dissent. Judge Rossman's dissental is joined by Judge Bacharach.
Although this entire case will...
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