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M. D. v. ABBOTT

No. 19-41015.

977 F.3d 479 (2020)

M. D., by next friend Sarah R. Stukenberg; Z. H., by next friend Carla B. Morrison; S. A., by next friend Javier Solis; A. M., by next friend Jennifer Talley; J. S., by next friend Anna J. Ricker; H. V., by next friend Anna J. Ricker; L. H., by next friend Estela C. Vasquez; C. H., by next friend Estela C. Vasquez; A. R., by next friend Tom McKenzie, individually and on behalf of all other similarly situated, Plaintiffs-Appellees, v. Greg ABBOTT, in his official capacity as Governor of the State of Texas; Courtney Phillips, in her official capacity as Executive Commissioner of the Health and Human Services Commission of Texas; Jaime Masters, in her official capacity as Commissioner of the Department of Family and Protective Services of the State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED October 16, 2020.

Attorney(s) appearing for the Case

R. Paul Yetter , Dori Kornfeld Goldman , Lonny Jacob Hoffman , Reagan William Simpson, Esq. , Christian J. Ward , Attorney, Yetter Coleman, L.L.P., Houston, TX, Samantha M. Bartosz , Senior Counsel, Stephen Andrew Dixon, Esq. , Children's Rights, Incorporated, Christina Wilson Remlin , Marcia Lowry , A Better Childhood, Incorporated, New York, NY, Barry Frank McNeil, Esq. , Haynes & Boone, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

Kyle Douglas Hawkins , Joseph David Hughes , Assistant Solicitor General, Office of the Attorney General, Office of the Solicitor General, Christopher D. Hilton , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Philip A. Lionberger , Office of the Solicitor General for the State of Texas, Andrew Bowman Stephens , Assistant Attorney General, Hacker Stephens, L.L.P., Austin, TX, for Defendants-Appellants.

Before Barksdale, Elrod, and Ho, Circuit Judges.

District courts do not have discretion to ignore mandates issued by this court. A previous panel of this court ordered the district court to begin implementing the permanent injunction in this case "without further changes." The district court made further changes anyway. We reverse and remand.

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