Leslie Feldman v. Arizona Sec'y of State's Ofc.

O’SCANNLAIN, Circuit Judge, with whom TALLMAN, CALLAHAN, BEA, and IKUTA, Circuit Judges, join,

dissenting from the grant of rehearing en banc:

We have made a serious mistake by granting rehearing en banc. Our court risks present chaos and future confusion in pursuit of an outcome the Supreme- Court has explicitly told us to avoid. There are no good reasons—and many bad ones—to take this case en banc six days before the election on such a compressed schedule. Sadly, a majority of this court has ignored such dangers in its unseemly rush to overrule, by any means necessary, a five-day old opinion.…