State of California v. the Little Sisters of the Poor
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,
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
STATE OF CAL. V. LITTLE SISTERS OF THE POOR 3
Secretary of the U.S. Department of the Treasury, Defendants-Appellants,
and
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,
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 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,
and
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.
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