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STATE v. U.S. DEPT. OF JUSTICE

No. 19-267-cv(L), No. 19-275-cv(con).

964 F.3d 150 (2020)

STATE of New York, State of Connecticut, State of New Jersey, State of Washington, Commonwealth of Massachusetts, Commonwealth of Virginia, State of Rhode Island, City of New York, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF JUSTICE, William P. Barr, in His Official Capacity as Attorney General of the United States, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

July 13, 2020.

Attorney(s) appearing for the Case

For Plaintiffs-Appellees State of New York, Connecticut, New Jersey, Rhode Island, and Washington, and Commonwealths of Massachusetts and Virginia: Barbara D. Underwood , Solicitor General, Anisha S. Dasgupta , Deputy Solicitor General, Linda Fang and Ari Savitzky , Assistant Solicitors General, for Letitia James, Attorney General of the State of New York, New York, NY.

For Plaintiff-Appellee City of New York: Richard Dearing , Devin Slack , Jamison Davies , for James E. Johnson, Corporation Counsel of the City of New York, New York, NY.

José A. Cabranes, I, joined by Debra Ann Livingston, Richard J. Sullivan, Joseph F. Bianco, William J. Nardini, and Steven J. Menashi, Circuit Judges, concurring in the order denying rehearing en banc.

I concur in the order denying rehearing of this case en banc.

As a member of the unanimous panel in this case, I begin by observing that the panel opinion expressly underscored the importance of the issues involved in this appeal.1 And yet, despite the controversy that this subject matter naturally engenders, the fact remains that the core questions on appeal are basic "questions of statutory...

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