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GREENBRIER HOSPITAL, L.L.C. v. AZAR

No. 19-30331.

974 F.3d 546 (2020)

GREENBRIER HOSPITAL, L.L.C., Plaintiff-Appellant, v. Alex M. AZAR, II, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed September 9, 2020.

Attorney(s) appearing for the Case

Karl J. Koch , Baton Rouge, LA, for Plaintiff-Appellant.

Daniel J. Aguilar , U.S. Department of Justice, Washington, DC, Peter M. Mansfield , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellee.

Before King, Costa, and Ho, Circuit Judges.

Judges must be faithful to text. But it is not always immediately obvious what fidelity to text requires. What should judges do, for example, when two provisions of the same law appear to conflict?

First and foremost, we attempt to reconcile the competing provisions in a manner that gives effect to each one. As...

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