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PIERCE v. DUCEY

No. 19-17071.

965 F.3d 1085 (2020)

Michael PIERCE, Plaintiff-Appellee, v. Douglas A. DUCEY, in his capacity as Governor of the State of Arizona, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2020.

Attorney(s) appearing for the Case

Anni Foster , Office of the Governor, Phoenix, Arizona; Theodore B. Olson and Matthew D. McGill , Gibson Dunn & Crutcher LLP, Washington, D.C.; Timothy Berg and Emily Ward , Fennemore Craig P.C., Phoenix, Arizona; for Defendant-Appellant.

Andrew S. Jacob , Gordon Rees Scully Mansukhani LLP, Phoenix, Arizona, for Plaintiff-Appellee.

Before: Jacqueline H. Nguyen and Patrick J. Bumatay, Circuit Judges, and Richard Seeborg, District Judge.

OPINION

Arizona Governor Douglas Ducey appeals from the district court's declaratory judgment interpreting the New Mexico-Arizona Enabling Act of 1910 ("Enabling Act"), Pub. L. No. 61-219, 36 Stat. 557. The district court declared that even after a 1999 amendment, the Enabling Act...

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