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MORGAN v. CHAPMAN

No. 18-40491.

969 F.3d 238 (2020)

Courtney MORGAN, Plaintiff-Appellee, v. Mary CHAPMAN; John Kopacz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 7, 2020.

Attorney(s) appearing for the Case

Tommy Swate , Swate Law, Houston, TX, Erica Faith Chaplin , Palm Beach, FL, Leslie A. Werner , Victoria, TX, for Plaintiff-Appellee.

Bill L. Davis , Assistant Attorney General, Office of the Attorney General, Office of the Solicitor General, Seth Byron Dennis , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Summer Rayne Lee , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellants.

Andrew Layton Schlafly , Far Hills, NJ, for Amicus Curiae.

Before ELROD, WILLETT, and DUNCAN, Circuit Judges.

This is another in a long line of cases involving the Texas Medical Board serving instanter subpoenas on medical clinics. We have said that those subpoenas—which do not allow for court review and demand immediate compliance—are unconstitutional.

In this case, a team of law enforcement...

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