UNITED STATES v. WASHINGTON

No. 19-35673.

994 F.3d 994 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. State of WASHINGTON; Jay Robert Inslee, in his official capacity as Governor of the State of 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.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2020.

Amended April 15, 2021.


Attorney(s) appearing for the Case

John S. Koppel (argued) and Mark B. Stern , Appellate Staff; Bill Hyslop , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellant.

Noah G. Purcell (argued), Solitor 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.

Concurrence in Order by Judge Milan D. Smith, Jr.;


ORDER

The court's opinion filed August 19, 2020, and published at 971 F.3d 856 (9th Cir. 2020), is hereby amended as follows: on page 865 of the slip opinion, replace "Critically, as it did in the district court, the United States conceded during oral argument that Washington could enforce HB 1723 if...

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