SLATTERY v. HOCHUL

No. 21-911 August Term 2021.

61 F.4th 278 (2023)

Christopher T. SLATTERY, a New York Resident, and the Evergreen Association, Inc., a New York Nonprofit Corporation, doing business as Expectant Mother Care and EMC FrontLine Pregnancy Centers, Plaintiffs-Appellants, v. Kathleen C. HOCHUL, in her official capacity as the Governor of the State of New York; Roberta Reardon, in her official capacity as the Commissioner of the Labor Department of the State of New York; and Letitia James, in her official capacity as the Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 27, 2023.


Attorney(s) appearing for the Case

J. Matthew Belz , Clayton Plaza Law Group, St. Louis, MO ( Stephen M. Crampton , Mary Catherine Hodes , Thomas More Society, Chicago, IL, Timothy Belz , Clayton Plaza Law Group, St. Louis, MO, on the brief), for Plaintiffs-Appellants.

Frederick A. Brodie , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Geoffrey T. Blackwell , American Atheists, Inc., Washington, DC, for Amicus Curiae American Atheists.

Gabriella Larios , Katharine Es Bodde , Allison S. Bohm , Robert Hodgson , Molly K. Biklen , New York Civil Liberties Union Foundation, New York, NY, for Amicus Curiae New York Civil Liberties Union.

Richard B. Katskee , Alex J. Luchenitser , Adrianne M. Spoto , Americans United for Separation of Church and State, Washington, DC, for Amici Curiae Americans United for Separation of Church and State, Catholics for Choice, Central Conference of American Rabbis, Covenant Network of Presbyterians, Disciples Center for Public Witness, Disciples for Choice, Disciples Justice Action Network, Equal Partners in Faith, Hadassah, the Women's Zionist Organization of America, Hindu American Foundation, Men of Reform Judaism, Methodist Federation for Social Action, Muslim Advocates, Muslim Public Affairs Council, National Council of Jewish Women, Reconstructionist Rabbinical Association, Union for Reform Judaism, Unitarian Universalist Association, and Women of Reform Judaism.

Before: Park, Nardini, and Menashi, Circuit Judges.


The Evergreen Association, Inc., doing business as Expectant Mother Care and EMC FrontLine Pregnancy Centers, and its president, Christopher Slattery (collectively, "Evergreen"), bring this action against New York state officials to enjoin their enforcement of New York Labor Law § 203-e against Evergreen. The statute...

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