State of CALIFORNIA, BY AND THROUGH Attorney General Xavier BECERRA, Plaintiff-Appellee,
v.
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; U.S. Department of Health & Human Services, Defendants-Appellants.
State of Oregon; State of New York; State of Colorado; State of Connecticut; State of Delaware; District of Columbia; 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; U.S. Department of Health & Human Services; Diane Foley; Office of Population Affairs, Defendants-Appellants.
State of Washington; National Family Planning And Reproductive Health Association; Feminist Women's Health Center; Deborah Oyer, M.D.; Teresa Gall, Plaintiffs-Appellees,
v.
Alex M. Azar II, in his official capacity as Secretary of the United States Department of Health and Human Services; U.S. Department of Health & Human Services; Diane Foley, MD, in her official capacity as Deputy Assistant Secretary for Population Affairs; Office of Population Affairs, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 23, 2019 San Francisco, California.
Benjamin Michael Flowers , Office of the Attorney General, Columbus, OH, for Amicus Curiae State of Ohio, and 12 Other States.
Steven H. Aden , Americans United for Life, Washington, DC, for Amicus Curiae Americans United for Life.
Jay Sekulow , American Center for Law and Justice, Washington, DC, for Amicus Curiae American Center for Law and Justice.
Thomas Brejcha , Chief Counsel, Thomas More Society, Chicago, IL, for Amicus Curiae Susan B. Anthony List.
James E. Hough , Morrison & Foerster LLP, New York, NY, for Amicus Curiae National Center for Lesbian Rights, Equality Federation, Family Equality Council, GLMA: Health Professionals Advancing LGBTQ Equality, The HIV Medicine Association, The National Center for Transgender Equality, The National LGBTQ Task Force, The Sexuality Information and Education Council of the United States (SIECUS), The LGBT Movement Advancement Project, Lambda Legal Defense and Education Fund, Inc., GLBTQ Legal Advocates & Defenders, The Human Rights Campaign, Transgender Law Center, and Bay Area Lawyers for Individual Freedom.
Martha Jane Perkins , National Health Law Program, Carrboro, NC, for Amicus Curiae National Health Law Program, Inc., et al.
Richard Revesz , NYU School of Law, Bethany A. Davis Noll , Institute for Policy Integrity, New York University School of Law, Wilf Hall, New York, NY, for Amicus Curiae Institute for Policy Integrity at New York University School of Law.
Kevin Osowski , Assistant Corporation Counsel, New York City Law Department, New York, NY, for Amici Curiae City of New York, New York City Health and Hospitals Corporation, 12 Local Governments.
Bina G. Patel , Attorney, Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA, for Amicus Curiae National Center for Youth Law.
Douglas Hallward-Driemeier , Ropes & Gray LLP, Washington, DC, for Amicus Curiae American College of Obstetricians and Gynecologists, American Academy of Pediatrics, American Academy of Family Physicians, American College of Physicians, California Medical Association, Society for Adolescent Health and Medicine, and Society for Maternal-Fetal Medicine.
Theane Evangelis , Gibson, Dunn & Crutcher LLP, Los Angeles, CA, for Amicus Curiae California Women's Law Center.
Before: Sidney R. Thomas, Chief Judge, and Edward Leavy, Kim McLane Wardlaw, William A. Fletcher, Richard A. Paez, Jay S. Bybee, Consuelo M. Callahan, Milan D. Smith, Jr., Sandra S. Ikuta, Eric D. Miller and Kenneth K. Lee, Circuit Judges.
OPINION
Opinion by Judge Ikuta, Circuit Judge.
Title X of the Public Health Service Act gives the Department of Health and Human Services (HHS) authority to make grants to support "voluntary family planning projects" for the purpose of offering "a broad range of acceptable and effective family planning methods and services." 42 U.S.C....
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