`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`REVISED
`United States Court of Appeals
`for the Fifth Circuit
`
`United States Court of Appeals
`Fifth Circuit
`
`FILED
`October 30, 2020
`
`Lyle W. Cayce
`Clerk
`
`Michelle Cochran,
`
`No. 19-10396
`
`versus
`
`Plaintiff—Appellant,
`
`Securities and Exchange Commission; Jay Clayton, in
`his official capacity as Chairman of the U.S. Securities
`and Exchange Commission; William P. Barr, U. S.
`Attorney General, in his Official Capacity as,
`
`Defendants—Appellees.
`
`Appeal from the United States District Court
`for the Northern District of Texas
`USDC No. 4:19-CV-66
`
`ON PETITION FOR REHEARING EN BANC
`
`(Opinion August 11, 2020, 5 Cir., 2020, 969 F.3d 507)
`
`Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis,
`Elrod, Southwick, Haynes, Graves, Higginson, Costa,
`Willett, Duncan, Engelhardt, Oldham, and Wilson,
`Circuit Judges.1
`
`1 Judge Ho is recused and did not participate in this decision.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`19-10396
`
`Per Curiam:
`
`A member of the court having requested a poll on the petition for
`rehearing en banc, and a majority of the circuit judges in regular active service
`and not disqualified having voted in favor,
`
`IT IS ORDERED that this cause shall be reheard by the court en
`banc with oral argument on a date hereafter to be fixed. The Clerk will
`specify a briefing schedule for the filing of supplemental briefs. Pursuant to
`5th Cir.R. 41.3, the panel opinion in this case date August 11, 2020, is vacated.
`
`2
`
`