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OREGON PRESCRIPTION DRUG MONITORING v. U.S. DRUG

No. 14-35402.

860 F.3d 1228 (2017)

OREGON PRESCRIPTION DRUG MONITORING PROGRAM, an agency of the State of Oregon, Plaintiff-Appellee, ACLU Foundation of Oregon, Inc.; John Doe 1; John Doe 2; John Doe 3; John Doe 4; James Roe, M.D., Intervenor-Plaintiffs-Appellees, v. U.S. DRUG ENFORCEMENT ADMINISTRATION, Defendant in Intervention, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 30, 2017.

Resubmitted June 26, 2017, Portland, Oregon.

Filed June 26, 2017.

Attorney(s) appearing for the Case

Samantha Lee Chaifetz (argued) and Mark B. Stern , Attorneys, Appellate Staff; Beth S. Brinkmann , Deputy Assistant Attorney General; Joyce R. Branda , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellant.

Dustin Beuhler (argued), Salem, Oregon, for Plaintiff-Appellee.

Nathan Freed Wessler (argued) and Ben Wizner , American Civil Liberties Union Foundation New York, New York; Kevin Diaz , Compassion & Choices, Portland, Oregon; for Intervenor-Plaintiffs-Appellees.

Priscilla Joyce Smith , Law Offices of Priscilla Smith, Brooklyn, New York, for Amicus Curiae Yale Law School Information Society Project.

Roy Pulvers , Holland & Knight LLP, Portland, Oregon, for Amici Curiae Oregon Medical Association, American Medical Association, Alaska State Medical Association, Arizona Medical Association, California Medical Association, Hawaii Medical Association, Idaho Medical Association, Montana Medical Association, Nevada State Medical Association, and Washington State Medical Association.

Before: M. Margaret McKeown, William A. Fletcher, and Raymond C. Fisher, Circuit Judges.

OPINION

As part of its oversight of drugs subject to the Controlled Substances Act ("CSA"), the United States Drug Enforcement Administration ("DEA") regularly issues investigative subpoenas. Those subpoenas are issued without prior approval by a court. In response to two recent subpoenas, Oregon's Prescription...

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