Upon consideration of the defendant’s Motion to Dismiss for Lack of Jurisdiction and to Stay Consideration of Plaintiffs’ Motion for a Preliminary Injunction, ECF No. 10, and the plaintiffs’ Motion for Preliminary Injunction, ECF No. 7, the related legal memoranda in support and in opposition, the declarations attached thereto, and the entire record herein, for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that, because the Court lacks subject matter jurisdiction over this matter, the defendant’s Motion to Dismiss is GRANTED; and it is further ORDERED that the plaintiffs’ Motion for Preliminary Injunction and the defendant’s Motion to Stay Consideration of Plaintiffs’ Motion for a Preliminary Injunction are DENIED as moot; and it is further

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 35(a) and Circuit Rule 35-3. Judges McKeown and Murguia did not participate in the deliberations or vote in this case.

Opinion by Chief Judge Wood and Circuit Judges Bauer and Easterbrook.

Chief Justice Roberts, delivered the opinion of the Court. Breyer, Sotomayor, and Kagan, joined that opinion in full, and Ginsburg joined except as to Part II. Breyer filed a concurring opinion. Ginsburg filed an opinion concurring in part and concurring in the judgment, in which Breyer, joined as to Part II. Scalia filed a dissenting opinion, in which Thomas joined. Kennedy, and Alito, filed dissenting opinions. 

The panel affirmed in part and reversed in part the district court’s summary judgment in an action brought by two individuals and a Hawaii for-profit corporation, A-1 A-Lectrician, Inc., challenging the constitutionality of Hawaii’s campaign finance laws.