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

Dissent by Judge O’SCANNLAIN;

Dissent by Judge BYBEE;

Dissent by Judge N.R. SMITH

ORDER

THOMAS, Chief Judge:

We granted, in a prior order, rehearing en bane in this appeal. In a separate order, filed concurrently with this opinion, -we scheduled en banc oral argument for the week of January 17, 2017, in San Francisco, California. The question, then, is whether to grant plaintiffs’ motion for an injunction pending appeal. A motions panel denied the motion in the first instance, but we may reconsider that decision as an en banc court. For the reasons stated herein, we grant the motion.

The standard…