TEXAS v. E.E.O.C.

No. 14-10949.

827 F.3d 372 (2016)

State of TEXAS, Plaintiff-Appellant v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; Jenny R. Yang, in her official capacity as Chair of the Equal Employment Opportunity Commission; Loretta Lynch, U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed June 27, 2016.


Attorney(s) appearing for the Case

Prerak Shah , Senior Counsel, Scott A. Keller , Solicitor, Office of the Attorney General for the State of Texas, Austin, TX, for Plaintiff-Appellant.

Stephanie Robin Marcus , U.S. Department of Justice, Civil Division, Appellate Section, Justin Michael Sandberg , U.S. Department of Justice, Civil Division Federal Programs Branch, Washington, DC, for Defendants-Appellees.

Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.


In this declaratory judgment action, the State of Texas appeals the district court's order dismissing this action under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Texas's complaint seeks a declaration that an Enforcement Guidance document from the Equal Employment Opportunity...

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