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TENNESSEE BY GEN. ASSEMBLY v. U.S. DEPT OF STATE

No. 18-5478.

931 F.3d 499 (2019)

STATE of Tennessee, BY AND THROUGH the TENNESSEE GENERAL ASSEMBLY, et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF STATE, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 24, 2019.

Attorney(s) appearing for the Case

ARGUED: John J. Bursch , BURSCH LAW PLLC, Caledonia, Michigan, for Appellants. Samantha L. Chaifetz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Richard Thompson , B. Tyler Brooks , Kate Oliveri , THOMAS MORE LAW CENTER, Ann Arbor, Michigan, for Appellants. Samantha L. Chaifetz , Alisa B. Klein , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Sarah Grusin , NATIONAL HEALTH LAW PROGRAM, Carrboro, North Carolina, Cody Wofsy , AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT, San Francisco, California, for Amici Curiae.

Before: COLE, Chief Judge; and BOGGS, Circuit Judge.

OPINION

This case presents the question of whether the Tennessee General Assembly ("General Assembly") has standing to file suit on its own behalf, as well as on behalf of the State of Tennessee. The General Assembly alleged that the federal government violated the Spending Clause and the Tenth Amendment to the United...

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