United States v. State of Washington

41 F.4th 1196

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-35673 Plaintiff-Appellant, D.C. No. v. 4:18-cv-05189- SAB STATE OF WASHINGTON; JAY ROBERT INSLEE, in his official capacity as Governor of the State of ORDER Washington; JOEL SACKS, in his official capacity as Director of the Washington State Department of Labor and Industries; WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRIES, Defendants-Appellees.

On Remand from the United States Supreme Court

Filed August 2, 2022

Before: Richard C. Clifton and Milan D. Smith, Jr., Circuit Judges, and James Donato, * District Judge.

Order

* The Honorable James Donato, United States District Judge for the Northern District of California, sitting by designation. 2 UNITED STATES V. STATE OF WASHINGTON

COUNSEL

John S. Koppel and Mark B. Stern, Appellate Staff; Bill Hyslop, United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellant.

Noah G. Purcell, Solicitor General; Anastasia Sandstrom, Senior Counsel; Paul Wiedeman, Assistant Attorney General; Robert W. Ferguson, Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees.

On June 21, 2022, the Supreme Court issued its opinion in this case, reversing our prior judgment in United States v. Washington, 971 F.3d 856 (9th Cir.), amended, 994 F.3d 994 (9th Cir. 2020). See United States v. Washington, 142 S. Ct. 1976 (2022). Therefore, we VACATE the district court’s grant of summary judgment in favor of defendants and REMAND for further proceedings consistent with the Supreme Court’s opinion. This order shall act as and for the mandate of this court.

IT IS SO ORDERED.