AIRLINES FOR AMERICA; ALASKA AIRLINES, INCORPORATED; AMERICAN AIRLINES, INCORPORATED; DELTA AIR LINES, INCORPORATED; HAWAIIAN AIRLINES, INCORPORATED; JETBLUE AIRWAYS CORPORATION; UNITED AIRLINES, INCORPORATED; NATIONAL AIR CARRIER ASSOCIATION; INTERNATIONAL AIR TRANSPORT ASSOCIATION v. DEPARTMENT OF TRANSPORTATION
No. 24-60231
United States Court of Appeals, Fifth Circuit
October 2, 2025
October 2, 2025
CONSOLIDATED WITH No. 24-60373 SPIRIT AIRLINES, INCORPORATED v. UNITED STATES DEPARTMENT OF TRANSPORTATION
versus
DEPARTMENT OF TRANSPORTATION,
Respondent,
CONSOLIDATED WITH
No. 24-60373
SPIRIT AIRLINES, INCORPORATED,
Petitioner,
versus
UNITED STATES DEPARTMENT OF TRANSPORTATION,
Respondent.
ON PETITION FOR REHEARING EN BANC
(Opinion January 28, 2025, 5 Cir., 2025, 127 F.4th 563)
Before ELROD, Chief Judge, and JONES, SMITH, STEWART, RICHMAN, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, WILLETT, HO, DUNCAN, ENGELHARDT, OLDHAM, WILSON, DOUGLAS, and RAMIREZ, Circuit Judges.
PER CURIAM:
A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated January 28, 2025, is VACATED.