Compassion In Dying v. State Of Washington

85 F.3d 1440 96 Cal. Daily Op. Serv. 4162 COMPASSION IN DYING, a Washington nonprofit corporation; Jane Roe; John Doe; James Poe; Harold Glucksberg, M.D., Plaintiffs-Appellees, v. STATE OF WASHINGTON; Christine Gregoire, Attorney General of Washington, Defendants-Appellants. No. 94-35534. United States Court of Appeals, Ninth Circuit. June 12, 1996. Before: HUG, Jr., Chief Judge, BROWNING, SCHROEDER, FLETCHER, PREGERSON, REINHARDT, BEEZER, WIGGINS, THOMPSON, FERNANDEZ, KLEINFELD, O'SCANNLAIN and TROTT, Circuit Judges. 1 Prior report: 79 F.3d 790 . AMENDED ORDER 2 An active judge sua sponte requested that the full court rehear this case en banc. The request failed to receive a majority of the votes of the non-recused active judges. The request is rejected. 3 O'SCANNLAIN, Circuit Judge, joined by TROTT and KLEINFELD, Circuit Judges, dissenting from order rejecting request for rehearing en banc by the full court: 4 By promulgating a new constitutional right, one unheard of in over two hundred years of American history, six men and two women--endowed with life tenure and cloaked in the robes of this court--have enacted by judicial fiat what the people of the State of Washington…