Full Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 2 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SERVICE EMPLOYEES No. 26-7303 INTERNATIONAL UNION, AFL-CIO; D.C. No. AMERICAN FEDERATION OF STATE, 3:26-cv-12800-TLT COUNTY & MUNICIPAL EMPLOYEES, Northern District of California, AFL-CIO; LEAGUE OF UNITED LATIN San Francisco AMERICAN CITIZENS; NATIONAL ASSOCIATION FOR THE ORDER ADVANCEMENT OF COLORED PEOPLE, Plaintiffs - Appellees, v. DOJ - UNITED STATES DEPARTMENT OF JUSTICE; TODD BLANCHE, Attorney General, in his official capacity as Attorney General; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; MARKWAYNE MULLIN, in his official capacity as Secretary of Homeland Security, Defendants - Appellants. MURGUIA, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The three-judge panel order for publication filed on November 2, 2026, is vacated. 2 26-7303