Chamber of Commerce of the U.S. v. Lockyer

CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 15, 2008
Docket03-55166
StatusPublished

This text of Chamber of Commerce of the U.S. v. Lockyer (Chamber of Commerce of the U.S. v. Lockyer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chamber of Commerce of the U.S. v. Lockyer, (9th Cir. 2008).

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CHAMBER OF COMMERCE OF THE  UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; No. 03-55166 DEL RIO HEALTHCARE, INC.;  D.C. No. BEVERLY HEALTH & REHABILITATION CV-02-00377-GLT SERVICES, INC. dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, CALIFORNIA LABOR FEDERATION, AFL-CIO; AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Intervenors-Appellants, v. 

12755 12756 CHAMBER OF COMMERCE v. LOCKYER

BILL LOCKYER, Attorney General,  in his capacity as Attorney General of the State of California; DEPARTMENT OF HEALTH SERVICES; FRANK G. VANACORE, as the Chief of the Audit Review and Analysis Section of the California  Department of Health Services; DIANA M. BONTA, R.N., Dr., Ph.D, as the Director of the California Department of Health Services, Defendants. 

CHAMBER OF COMMERCE OF THE  UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; No. 03-55169

 CALIFORNIA ASSOCIATION OF HOME D.C. No. & SERVICES FOR THE AGING; BETTEC CV-02-00377-GLT CORPORATION; MARKSHERM ORDER CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.; BEVERLY HEALTH & REHABILITATION SERVICES, INC. dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, and  CHAMBER OF COMMERCE v. LOCKYER 12757

CALIFORNIA LABOR FEDERATION,  AFL-CIO; AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Intervenors-Appellants, v. BILL LOCKYER, Attorney General, in his capacity as Attorney General of the State of California;  DEPARTMENT OF HEALTH SERVICES; FRANK G. VANACORE, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; DIANA M. BONTA, R.N., Dr., Ph.D, as the Director of the California Department of Health Services, Defendants-Appellants.  On Remand from the United States Supreme Court Filed September 15, 2008 Before: Alex Kozinski, Chief Judge, Mary M. Schroeder, Stephen Reinhardt, Robert R. Beezer, Andrew J. Kleinfeld, Michael Daly Hawkins, Sidney R. Thomas, Barry G. Silverman, M. Margaret McKeown, Kim McLane Wardlaw, Raymond C. Fisher, Richard A. Paez, Johnnie B. Rawlinson, Richard R. Clifton and Consuelo M. Callahan, Circuit Judges.

ORDER This case was remanded to us from the United States Supreme Court. See Chamber of Commerce of U.S. v. Brown, 12758 CHAMBER OF COMMERCE v. LOCKYER 128 S. Ct. 2408 (2008). In light of the Supreme Court’s deci- sion, we VACATE our opinion in Chamber of Commerce of U.S. v. Lockyer, 463 F.3d 1076 (9th Cir. 2006), and REMAND to the district court for further proceedings consis- tent with the opinion of the Supreme Court. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.

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Related

Chamber of Commerce of United States v. Brown
554 U.S. 60 (Supreme Court, 2008)
Chamber of Commerce of the United States California Chamber of Commerce Employers Group California Healthcare Association California Manufacturers and Technology Assn. California Association of Health Facilities California Association of Home & Services for the Aging Bettec Corporation Marksherm Corporation Zilaco Inc., Zilaco Del Rio Healthcare, Inc. Beverly Health & Rehabilitation Services, Inc. Dba Beverly Manor Costa Mesa Internext Group, California Labor Federation, Afl-Cio American Federation of Labor and Congress of Industrial Organizations, Intervenors-Appellants v. Bill Lockyer, Attorney General, in His Capacity as Attorney General of the State of California Department of Health Services Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services Diana M. Bonta, R.N., Dr., ph.d, as the Director of the California Department of Health Services, Chamber of Commerce of the United States California Chamber of Commerce Employers Group California Healthcare Association California Manufacturers and Technology Assn. California Association of Health Facilities California Association of Home & Services for the Aging Bettec Corporation Marksherm Corporation Zilaco Inc., Zilaco Del Rio Healthcare, Inc. Beverly Health & Rehabilitation Services, Inc. Dba Beverly Manor Costa Mesa Internext Group, and California Labor Federation, Afl-Cio American Federation of Labor and Congress of Industrial Organizations, Intervenors-Appellants v. Bill Lockyer, Attorney General, in His Capacity as Attorney General of the State of California Department of Health Services Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services Diana M. Bonta, R.N., Dr., ph.d, as the Director of the California Department of Health Services
463 F.3d 1076 (Ninth Circuit, 2006)

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