Changeflow GovPing Courts & Legal Baird v. Bonta, En Banc Rehearing Ordered
Priority review Enforcement Amended Final

Baird v. Bonta, En Banc Rehearing Ordered

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Summary

The Ninth Circuit granted en banc rehearing in Baird v. Bonta (Docket No. 24-565), vacating the prior three-judge panel opinion. The case, originating from the Eastern District of California, involves Mark Baird challenging California Attorney General Rob Bonta's enforcement of state law. The en banc order follows a majority vote of nonrecused active judges under Federal Rule of Appellate Procedure 40(c).

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What changed

The Ninth Circuit vacated the three-judge panel opinion in Baird v. Bonta upon ordering en banc rehearing. This procedural action resets the case before the full court, suspending the panel decision's precedential effect pending en banc review.\n\nAffected parties—including the plaintiff challenging California law and the state Attorney General's office—should prepare for renewed litigation before the full Ninth Circuit. The en banc process may significantly delay final resolution but could ultimately produce a more authoritative ruling on the constitutional issues presented.

What to do next

  1. Monitor for en banc briefing schedule and further court developments

Archived snapshot

Apr 16, 2026

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

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 opinion is vacated.

MARK BAIRD, No. 24-565 D.C. No. Plaintiff - Appellant, 2:19-cv-00617-KJM-AC Eastern District of California, FILED v. Sacramento

ORDER ROB BONTA, in his official capacity as

Attorney General of the State of California, APR 15 2026 MOLLY C. DWYER, CLERK Defendant - Appellee. U.S. COURT OF APPEALS

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Last updated

Classification

Agency
9th Circuit
Filed
April 15th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive
Docket
24-565
Supersedes
Three-judge panel opinion in Baird v. Bonta

Who this affects

Applies to
Courts Criminal defendants Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Constitutional litigation En banc review
Geographic scope
United States US

Taxonomy

Primary area
Civil Rights
Operational domain
Legal
Topics
Judicial Administration

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