WASHINGTON LEGAL FOUNDATION, William R. Summers, and Michael J. Mazzone, Plaintiffs-Appellants, v. TEXAS EQUAL ACCESS TO JUSTICE FOUNDATION, Richard Tate, Chairman, Texas Equal Access to Justice Foundation, Thomas R. Phillips, Chief Justice, and Justices Nathan R. Hecht, Craig T. Enoch, Priscilla R. Owens, James A. Baker, Deborah G. Hankinson, Harriet O'Neill, and Xavier Rodriguez in their official capacities as Justices of the Supreme Court of Texas, Defendants-Appellees, 293 F.3d 242

ON PETITION FOR REHEARING EN BANC Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM: Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor (Fed. R.App. P. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. PATRICK E. HIGGINBOTHAM, Circuit Judge, did not participate.