MERCK & CO. v. U.S. DEPT. OF HEALTH & HUMAN SERV.

Attorney(s) appearing for the Case

Ethan P. Davis , Principal Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Scott R. McIntosh and Joshua Revesz , Attorneys, U.S. Department of Justice, and Robert P. Charrow , General Counsel, U.S. Department of Health and Human Services.

Barbara Jones , William Alvarado Rivera , Washington, DC, Kelly Bagby , and Maame Gyamfi were on the brief for amici curiae AARP and AARP Foundation in support of appellants and reversal.

Richard P. Bress , argued the cause for appellees. With him on the brief were Daniel Meron , Caroline A. Flynn , Gregory B. in den Berken , Robert Corn-Revere , Ronald G. London , Washington, DC, and Annie M. Wilson .

Cory L. Andrews was on the brief for amicus curiae Washington Legal Foundation, et al. supporting appellees and affirmance.

Jeffrey S. Bucholtz , Joel McElvain , Washington, DC, and Daryl L. Joseffer were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of appellees and affirmance. Steven P. Lehotsky entered an appearance.

Kevin King , Rick Chessen , Washington, DC, and Jared S. Sher , New York, NY, were on the brief for amicus curiae NCTA — The Internet & Television Association in support of appellees and affirmance.

Stephen B. Kinnaird and Jerianne Timmerman , Washington, DC, were on the brief for amicus curiae National Association of Broadcasters in support of appellees and affirmance.

Sean Marotta , Washington, DC, and Ilya Shapiro were on the brief for amicus curiae the Cato Institute in support of appellees and affirmance.

Timothy Sandefur , Phoenix, AZ, and Jonathan Riches were on the brief for amicus curiae Goldwater Institute in support of appellees and affirmance.

Before: Henderson and Millett, Circuit Judges, and Edwards, Senior Circuit Judge.