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TEXAS v. RETTIG

No. 18-10545.

993 F.3d 408 (2021)

State of TEXAS; State of Kansas; State of Louisiana; State of Indiana; State of Wisconsin; State of Nebraska, Plaintiffs-Appellees/Cross-Appellants, v. Charles P. RETTIG, in His Official Capacity as Commissioner of Internal Revenue; United States of America; United States Department of Health and Human Services; United States Internal Revenue Service; Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 9, 2021.

Attorney(s) appearing for the Case

Lanora Christine Pettit , Office of the Attorney General, Office of the Solicitor General, Thomas A. Albright , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, David J. Hacker , Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, for Plaintiffs-Appellees/Cross-Appellants.

Alisa Beth Klein, Esq. , Mark Bernard Stern, Esq. , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellants/Cross-Appellees.

Benjamin Gross Shatz , Manatt, Phelps & Phillips, L.L.P., Los Angeles, CA, for Amicus Curiae Medicaid Health Plans of America.

Sarah Katherine Hofstadter , Anna-Rose Mathieson , California Appellate Law Group, L.L.P., San Francisco, CA, for Amici Curiae America's Health Insurance Plans, Incorporated, Blue Cross Blue Shield Association.

Before Barksdale, Haynes, and Willett, Circuit Judges.

The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R. App. P. 35 and 5th Circ. R. 35), the petition for rehearing en banc is DENIED.

In the en banc poll, five judges voted in favor of rehearing (Judges...

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