COOK COUNTY, ILLINOIS v. TEXAS

No. 21-2561.

37 F.4th 1335 (2022)

COOK COUNTY, ILLINOIS, et al., Plaintiffs-Appellees, v. State of TEXAS, et al., Intervenors-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2022.


Attorney(s) appearing for the Case

Edward M. Brener , Attorney, Jessica M. Scheller , Attorney, Office of the Cook County State's Attorney, Civil Actions Bureau, Chicago, IL, Steven A. Levy , Attorney, David E. Morrison , Attorney, A. Colin Wexler , Attorney, Goldberg Kohn Ltd., Chicago, IL, David A. Adelman , Attorney, Office of the Cook County State's Attorney, Chicago, IL, for Plaintiff-Appellee Cook County, Illinois.

Tacy Fletcher Flint , Attorney, David A. Gordon , Attorney, Andrew F. Rodheim , Attorney, Stephen Spector , Attorney, Marlow Svatek , Attorney, Sidley Austin LLP, Chicago, IL, Meghan P. Carter , Attorney, Caroline Chapman , Attorney, Legal Council for Health Justice, Chicago, IL, Nolan Patrick Downey , Attorney, Militza M. Pagan , Attorney, Shriver Center on Poverty Law, Chicago, IL, Robert Velevis , Attorney, Sidley Austin LLP, Dallas, TX, Katherine Walz , Attorney, National Housing Law Project, San Francisco, CA, for Plaintiff-Appellee Illinois Coalition for Immigrant and Refugee Rights.

Judd E. Stone, II , Attorney, Benjamin D. Wilson , Attorney, Cody Tyler Rutowski , Attorney, Office of the Texas Attorney General, Financial Litigation & Charitable Trusts Division Austin, TX, Lanora Christine Pettit , Attorney, Office of the Texas Solicitor General, Austin, TX, for Appellants.

Gerard Sinzdak , Attorney, Daniel Tenny , Attorney, Joshua Dos Santos , Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, Thomas P. Walsh , Attorney, Office of the United States Attorney, Chicago, IL, for Defendants-Appellees.

Before Rovner, Wood, and St. Eve, Circuit Judges.


In August 2019, the Department of Homeland Security (DHS) introduced the "Inadmissibility on Public Charge Grounds Rule" (the 2019 Rule). The new rule expanded the meaning of "public charge" to disqualify a broader set of noncitizens from benefits than earlier policies had done; it immediately generated extensive litigation...

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