State of California v. the Little Sisters of the Poor

977 F.3d 801

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 8, 2020
• Docket: 19-15072
• Status: Published

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

STATE OF CALIFORNIA; STATE OF No. 19-15072 DELAWARE; COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; D.C. No. STATE OF NEW YORK; STATE OF 4:17-cv-05783- ILLINOIS; STATE OF WASHINGTON; HSG STATE OF MINNESOTA; STATE OF CONNECTICUT; DISTRICT OF COLUMBIA; STATE OF NORTH CAROLINA; STATE OF VERMONT; STATE OF RHODE ISLAND; STATE OF HAWAII, Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; U.S. DEPARTMENT OF LABOR; R. ALEXANDER ACOSTA, in his official capacity as Secretary of the U.S. Department of Labor; ALEX M. AZAR II, Secretary of the United States Department of Health and Human Services; U.S. DEPARTMENT OF THE TREASURY; STEVEN TERNER MNUCHIN, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants, 2 STATE OF CAL. V. LITTLE SISTERS OF THE POOR

and

THE LITTLE SISTERS OF THE POOR JEANNE JUGAN RESIDENCE, Intervenor-Defendant-Appellant.

STATE OF CALIFORNIA; STATE OF No. 19-15118 DELAWARE; COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; D.C. No. STATE OF NEW YORK; STATE OF 4:17-cv-05783- ILLINOIS; STATE OF WASHINGTON; HSG STATE OF MINNESOTA; STATE OF CONNECTICUT; DISTRICT OF COLUMBIA; STATE OF NORTH CAROLINA; STATE OF VERMONT; STATE OF RHODE ISLAND; STATE OF HAWAII, Plaintiffs-Appellees,

U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; U.S. DEPARTMENT OF LABOR; R. ALEXANDER ACOSTA, in his official capacity as Secretary of the U.S. Department of Labor; ALEX M. AZAR II, Secretary of the United States Department of Health and Human Services; U.S. DEPARTMENT OF THE TREASURY; STEVEN TERNER MNUCHIN, in his official capacity as STATE OF CAL. V. LITTLE SISTERS OF THE POOR 3

Secretary of the U.S. Department of the Treasury, Defendants-Appellants,

THE LITTLE SISTERS OF THE POOR JEANNE JUGAN RESIDENCE, Intervenor-Defendant.

STATE OF CALIFORNIA; STATE OF No. 19-15150 DELAWARE; COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; D.C. No. STATE OF NEW YORK; STATE OF 4:17-cv-05783- ILLINOIS; STATE OF WASHINGTON; HSG STATE OF MINNESOTA; STATE OF CONNECTICUT; DISTRICT OF COLUMBIA; STATE OF NORTH ORDER CAROLINA; STATE OF VERMONT; STATE OF RHODE ISLAND; STATE OF HAWAII, Plaintiffs-Appellees,

U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; U.S. DEPARTMENT OF LABOR; R. ALEXANDER ACOSTA, in his official capacity as Secretary of the U.S. Department of Labor; ALEX M. AZAR II, Secretary of the United States Department of Health and 4 STATE OF CAL. V. LITTLE SISTERS OF THE POOR

Human Services; U.S. DEPARTMENT OF THE TREASURY; STEVEN TERNER MNUCHIN, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants,

MARCH FOR LIFE EDUCATION AND DEFENSE FUND, Intervenor-Defendant- Appellant.

On Remand from the United States Supreme Court

Filed October 8, 2020

Before: J. Clifford Wallace, Andrew J. Kleinfeld, and Susan P. Graber, Circuit Judges.

Order STATE OF CAL. V. LITTLE SISTERS OF THE POOR 5

ORDER

On August 13, 2020, this court ordered the parties to address two issues. First was the impact of the Supreme Court’s opinion in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 140 S. Ct. 2367 (2020), on this case. Second was whether this case should be remanded to the district court to apply the Supreme Court’s opinion in the first instance. The parties have filed their supplemental briefs. The preliminary injunction is VACATED, and these related cases are REMANDED to the district court to apply the Supreme Court’s opinion.