Freedom from Religion Found., Inc. v. Chino Valley Unified Sch. Dist. Bd. of Educ.

The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35.

The petition for rehearing en banc is denied.

O'SCANNLAIN, Circuit Judge,** with whom RAWLINSON, BYBEE, CALLAHAN, BEA, IKUTA, BENNETT, and R. NELSON, Circuit Judges, join, respecting the denial of rehearing en banc:

"In light of the unambiguous and unbroken history of more than 200 years, there can be no doubt that the practice…