ASS'N FOR COMTY. AFFILIATED v. DEPT. OF TREASURY

Attorney(s) appearing for the Case

Charles A. Rothfeld , Washington, DC, argued the cause for appellants. With him on the briefs was Andrew J. Pincus , Washington, DC.

Douglas N. Letter , General Counsel, U.S. House of Representatives, Todd B. Tatelman , Deputy General Counsel, Washington, DC, Megan Barbero , Associate General Counsel, Adam A. Grogg , Assistant General Counsel, Elizabeth B. Wydra , San Francisco, CA, Brianne J. Gorod , and Ashwin P. Phatak were on the brief for amicus curiae U.S. House of Representatives in support of appellants.

Chad I. Golder was on the brief for amici curiae American Medical Association, et al. in support of appellants.

Kelly Bagby and Dara S. Smith were on the brief for amici curiae AARP, et al. in support of appellants.

Joseph R. Palmore , Washington, DC, and James Sigel were on the brief for amici curiae National American Cancer Society, et al. in support of plaintiffs-appellants.

Daniel Winik , Attorney, U.S. Department of Justice, Washington, DC, argued the cause for appellees. With him on the brief was Alisa B. Klein , Attorney, Washington, DC.

Robert Alt and Ilya Shapiro were on the brief for amici curiae The Buckeye Institute, et al. in support of defendants-appellees.

Monica Derbes Gibson was on the brief for amicus curiae Louisiana Commissioner of Insurance James J. Donelon in support of appellees and in support of affirmance.

Lawrence G. Wasden , Attorney General, Office of the Attorney General for the State of Idaho, Boise, ID, Brian Kane , Assistant Chief Deputy, Megan A. Larrondo , Deputy Attorney General, Seattle, WA, and Anthony F. Shelley , Washington, DC, were on the brief for amici curiae State of Idaho, et al. in support of appellees and in support of affirmance.

Dissenting opinion filed by Circuit Judge ROGERS.