LOUISIANA v. BECERRA

No. 21-30734.

20 F.4th 260 (2021)

State of LOUISIANA; State of Montana; State of Arizona; State of Alabama; State of Georgia; State of Idaho; State of Indiana; State of Mississippi; State of Oklahoma; State of South Carolina; State of Utah; State of West Virginia; Commonwealth of Kentucky; State of Ohio, Plaintiffs-Appellees, v. Xavier BECERRA, Secretary, U.S. Department of Health and Human Services; United States Department of Health and Human Services; Chiquita Brooks-Lasure; Centers for Medicare and Medicaid Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED December 15, 2021.


Attorney(s) appearing for the Case

Jimmy Roy Faircloth, Jr. , Attorney, Mary Katherine Price , Faircloth Melton Sobel & Bash, L.L.C., Alexandria, LA, Elizabeth Baker Murrill, Esq. , Assistant Attorney General Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Joseph Scott St. John , Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee State of Louisiana.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Plaintiffs-Appellees State of Montana, State of Alabama, State of Georgia, State of Idaho, State of Mississippi, State of Oklahoma, State of Utah, State of West Virginia

Drew C. Ensign , Deputy Solicitor General, Attorney General's Office for the State of Arizona, Phoenix, AZ, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee State of Arizona.

Thomas Molnar Fisher , Solicitor General, Office of the Attorney General for the State of Indiana, Indianapolis, IN, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee State of Indiana.

Thomas T. Hydrick , Office of the Attorney General for the State of South Carolina, Columbia, SC, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee State of South Carolina.

Matthew F. Kuhn , Office of the Attorney General, Office of the Solicitor General, Frankfort, KY, Jimmy Roy Faircloth, Jr. , Attorney, Faircloth Melton Sobel & Bash, L.L.C., Alexandria, LA, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Joseph Scott St. John , Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee Commonwealth of Kentucky.

Jimmy Roy Faircloth, Jr. , Attorney, Faircloth Melton Sobel & Bash, L.L.C., Alexandria, LA, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Joseph Scott St. John , Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee State of Ohio.

Laura Myron , Alisa Beth Klein, Esq. , U.S. Department of Justice Civil Division, Appellate Section, Washington, DC, Joel McElvain , Assistant Director, U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants.

Before SOUTHWICK, GRAVES, and COSTA, Circuit Judges.


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