United States Court of Appeals for the Federal Circuit ______________________

LESLIE BOYER, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2022-1822 ______________________

Appeal from the United States Court of Federal Claims in No. 1:20-cv-00438-ZNS, Judge Zachary N. Somers. ______________________

SUA SPONTE REQUEST FOR REHEARING EN BANC ______________________

LACHLAN W. SMITH, The Kress Building, Wiggins Childs Pantazis Fisher & Goldfarb LLC, Birmingham, AL, for plaintiff-appellant. Also represented by JON C. GOLDFARB.

KARA WESTERCAMP, Commercial Litigation Branch, Civil Division, United States Department of Justice, Wash- ington, DC, for defendant-appellee. Also represented by BRIAN M. BOYNTON, CLAUDIA BURKE, PATRICIA M. MCCARTHY.

DEBRA D'AGOSTINO, The Federal Practice Group, for Case: 22-1822 Document: 56 Page: 2 Filed: 04/11/2024

2 BOYER v. US

amici curiae A Better Balance, American Medical Women's Association, California Women Lawyers, California Wom- en's Law Center, Center for Women's Health & Human Rights, Suffolk University, Chicago Foundation for Women, Clearinghouse on Women's Issues, Desiree Alli- ance, Equal Rights Advocates, Faith Action for All, Femi- nist Majority Foundation, Hadassah, the Women's Zionist Organization of America, Human Rights Campaign, If/When/How: Lawyering for Reproductive Justice, In Our Own Voice: National Black Women's Reproductive Justice Agenda, In the Public Interest, Indiana Community Action Poverty Institute, International Action Network for Gen- der Equity & Law, Lawyers Club of San Diego, Legal Aid at Work, Legal Momentum, the Women's Legal Defense and Education Fund, NARAL Pro-Choice America, Na- tional Asian Pacific American Women's Forum, National Association of Women Lawyers, National Coalition on Black Civic Participation, National Consumers League, National Crittenton, National Employment Lawyers Asso- ciation, National Health Care for the Homeless Council, National LGBTQ Task Force, National Women's Law Cen- ter, National Womens Political Caucus, Queen's Bench Bar Association of the San Francisco Bay Area, Religious Coa- lition for Reproductive Choice, Reproaction, Service Em- ployees International Union, Shriver Center on Poverty Law, SisterReach, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Women Employed, Women Lawyers On Guard Inc., Women's Bar Association of the District of Columbia, Women's Bar Association of the State of New York, Women's Institute for Freedom of the Press, Women's Law Center of Maryland, Women's Law Project, Women's Media Center. Also represented by JANEI AU; GAYLYNN BURROUGHS, SUNU CHANDY, PHOEBE WOLFE, Na- tional Women's Law Center. ______________________ Case: 22-1822 Document: 56 Page: 3 Filed: 04/11/2024

BOYER v. US 3

Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA, TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and STARK, Circuit Judges. 1

MOORE, Chief Judge, LOURIE, PROST, and TARANTO, Cir- cuit Judges, dissent from the denial of the sua sponte re- quest for rehearing en banc.

PER CURIAM. ORDER This case was argued before a panel of three judges on November 9, 2023, and a precedential opinion issued on March 26, 2024. A sua sponte request for a poll on whether to consider this case en banc was made. A poll was con- ducted, and the poll failed. Accordingly, IT IS ORDERED THAT: The request for rehearing en banc is denied.