STATE OF CALIFORNIA V. THE LITTLE SISTERS OF THE POOR, No. 19-15072 (9th Cir. 2020)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 22, 2019.
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF CALIFORNIA; STATE OF DELAWARE; COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; STATE OF NEW YORK; STATE OF ILLINOIS; STATE OF WASHINGTON; 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, No. 19-15072 D.C. No. 4:17-cv-05783HSG 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 DELAWARE; COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; STATE OF NEW YORK; STATE OF ILLINOIS; STATE OF WASHINGTON; 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 No. 19-15118 D.C. No. 4:17-cv-05783HSG STATE OF CAL. V. LITTLE SISTERS OF THE POOR 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 DELAWARE; COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; STATE OF NEW YORK; STATE OF ILLINOIS; STATE OF WASHINGTON; 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 No. 19-15150 D.C. No. 4:17-cv-05783HSG ORDER 3 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-DefendantAppellant. 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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