WHOLE WOMANS HEALTH; Austin Womens Health Center; Killeen Womens Health Center; Nova Health Systems, doing business as Reproductive Services; Sherwood C. Lynn, Jr., M.D., on behalf of themselves and their patients; Pamela J. Richter, D.O., on behalf of themselves and their patients; Lendol L. Davis, M.D., on behalf of themselves and their patients, Plaintiffs-Appellees-Cross-Appellants, v. Kirk COLE, M.D., Commissioner of the Texas Department of State Health Services, in his Official Capacity; Mari Robinson, Executive Director of the Texas Medical Board, in her Official Capacity, Defendants-Appellants-Cross-Appellees

ORDER:

On June 9, 2015, we issued an opinion in Whole Woman’s Health v. Cole, No. 14-50928, 790 F.3d 563, 2015 WL 3604750 (5th Cir. Jun. 9, 2015). We now MODIFY our opinion and judgment of June 9, 2015 to provide that the district court’s injunction of the ASC requirement (as defined in the June 9 opinion) as applied to the McAllen facility shall remain in effect until October 29, 2015, at which time the injunction shall be vacated in part, as delineated and explained in our June 9 opinion.

The unopposed Motion to Become an Amicus Party and to File Amicus Brief, filed June 15, 2015, is GRANTED.

The opposed Appellees’ Motion to Stay the Mandate, filed June 10, 2015, is DENIED. Judge Prado respectfully dissents from the denial of the motion to stay.