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CALIFORNIA v. U.S. DEPT., OF HEALTH & HUMAN SERVICES

No. 19-15072, No. 19-15118, No. 19-15150.

977 F.3d 801 (2020)

State of CALIFORNIA; State of Delaware; Commonwealth of Virginia; State of Maryland; State of New York; State of Illinois; State of Washington; State of Minnesota; State of Connecticut; District of Columbia; State of North Carolina; State of Vermont; State of Rhode Island; State of Hawaii, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; U.S. Department of Labor; R. Alexander Acosta, in his official capacity as Secretary of the U.S. Department of Labor; Alex M. Azar II, Secretary of the United States Department of Health and Human Services; U.S. Department of the Treasury; Steven Terner Mnuchin, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants, and The Little Sisters of the Poor Jeanne Jugan Residence, Intervenor-Defendant-Appellant. State of California; State of Delaware; Commonwealth of Virginia; State of Maryland; State of New York; State of Illinois; State of Washington; State of Minnesota; State of Connecticut; District of Columbia; State of North Carolina; State of Vermont; State of Rhode Island; State of Hawaii, Plaintiffs-Appellees, v. U.S. Department of Health & Human Services; U.S. Department of Labor; R. Alexander Acosta, in his official capacity as Secretary of the U.S. Department of Labor; Alex M. Azar II, Secretary of the United States Department of Health and Human Services; U.S. Department of the Treasury; Steven Terner Mnuchin, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants-Appellants, and The Little Sisters of the Poor Jeanne Jugan Residence, Intervenor-Defendant. State of California; State of Delaware; Commonwealth of Virginia; State of Maryland; State of New York; State of Illinois; State of Washington; State of Minnesota; State of Connecticut; District of Columbia; State of North Carolina; State of Vermont; State of Rhode Island; State of Hawaii, Plaintiffs-Appellees, v. U.S. Department of Health & Human Services; U.S. Department of Labor; R. Alexander Acosta, in his official capacity as Secretary of the U.S. Department of Labor; Alex M. Azar II, Secretary of the United States Department of Health and Human Services; U.S. Department of the Treasury; Steven Terner Mnuchin, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants, and March for Life Education and Defense Fund, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2020.

ORDER

On August 13, 2020, this court ordered the parties to address two issues. First was the impact of the Supreme Court's opinion in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, ___ U.S. ___, 140 S.Ct. 2367, 207 L.Ed.2d 819 (2020), on this case. Second was whether this case should be remanded to the district court to apply the Supreme Court's opinion in the first instance. The parties have filed their supplemental briefs. The preliminary...

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