STATE OF CALIFORNIA V. ALEX AZAR, II, No. 19-15974 (9th Cir. 2019)
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS JUL 3 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT STATE OF CALIFORNIA, by and through Attorney General Xavier Becerra, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 19-15974 D.C. No. 3:19-cv-01184-EMC Northern District of California, San Francisco v. ORDER ALEX M. AZAR II, in his Official Capacity as Secretary of the U.S. Department of Health & Human Services; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendants-Appellants. ESSENTIAL ACCESS HEALTH, INC.; MELISSA MARSHALL, M.D., Plaintiffs-Appellees, v. ALEX M. AZAR II, Secretary of U.S. Department of Health and Human Services; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendants-Appellants. No. 19-15979 D.C. No. 3:19-cv-01195-EMC STATE OF OREGON; STATE OF NEW No. 19-35386 YORK; STATE OF COLORADO; STATE OF CONNECTICUT; STATE OF D.C. Nos. 6:19-cv-00317-MC DELAWARE; DISTRICT OF COLUMBIA; 6:19-cv-00318-MC STATE OF HAWAII; STATE OF ILLINOIS; STATE OF MARYLAND; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEVADA; STATE OF NEW JERSEY; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; COMMONWEALTH OF PENNSYLVANIA; STATE OF RHODE ISLAND; STATE OF VERMONT; COMMONWEALTH OF VIRGINIA; STATE OF WISCONSIN; AMERICAN MEDICAL ASSOCIATION; OREGON MEDICAL ASSOCIATION; PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.; PLANNED PARENTHOOD OF SOUTHWESTERN OREGON; PLANNED PARENTHOOD COLUMBIA WILLAMETTE; THOMAS N. EWING, M.D.; MICHELE P. MEGREGIAN, C.N.M., Plaintiffs-Appellees, v. ALEX M. AZAR II; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; DIANE FOLEY; OFFICE OF POPULATION AFFAIRS, Defendants-Appellants. 2 STATE OF WASHINGTON; NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION; FEMINIST WOMEN'S HEALTH CENTER; DEBORAH OYER, M.D.; TERESA GALL, No. 19-35394 D.C. Nos. 1:19-cv-03040-SAB 1:19-cv-03045-SAB Plaintiffs-Appellees, v. ALEX M. AZAR II, in his official capacity as Secretary of the United States Department of Health and Human Services; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; DIANE FOLEY, MD, in her official capacity as Deputy Assistant Secretary for Population Affairs; OFFICE OF POPULATION AFFAIRS, Defendants-Appellants. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel Order on Motions for Stay Pending Appeal in these cases shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Graber, Christen, and Owens did not participate in the deliberations or vote in these cases. 3
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