WEST VIRGINIA v. U.S. DEPARTMENT OF THE TREASURY

No. 22-10168.

82 F.4th 1068 (2023)

State of WEST VIRGINIA, BY AND THROUGH Patrick MORRISEY, Attorney General of the State of West Virginia, State of Alabama, by and through Steve Marshall, Attorney General of the State of Alabama, State of Arkansas, by and through Leslie Rutledge, Attorney General for the State of Arkansas, State of Alaska, by and through Treg R. Taylor, Attorney General of the State of Alaska, State of Florida, by and through Ashley Moody, Attorney General for the State of Florida, State of Iowa, State of Kansas, by and through Derek Schmidt, Attorney General for the State of Kansas, State of Montana, by and through Austin Knudsen, Attorney General of the State of Montana, State of New Hampshire, State of Oklahoma, by and through Mike Hunter, Attorney General of the State of Oklahoma, State of South Carolina, by and through Alan Wilson, Attorney General of the State of South Carolina, State of South Dakota, by and through Jason R. Ravnsborg, Attorney General of the State of South Dakota, State of Utah, by and through Sean Reyes, Attorney General of the State of Utah, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF THE TREASURY, Secretary, U.S. Department of the Treasury, Acting Inspector General of the Department of the Treasury, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Filed: September 14, 2023.


Attorney(s) appearing for the Case

Lindsay S. See , Michael Ray Williams , Attorney General's Office, Charleston, WV, for Plaintiff-Appellee State of West Virginia, by and through Patrick Morrisey.

Andrew Reid Harris , Edmund Gerard LaCour, Jr. , James W. Davis , Steven Marshall , Alabama Attorney General's Office, Montgomery, AL, Bryan M. Taylor , Bachus Brom & Taylor, LLC, Birmingham, AL, for Plaintiff-Appellee State of Alabama, by and through Steve Marshall.

Nicholas J. Bronni , Dylan L. Jacobs , Attorney General's Office, Little Rock, AR, Vincent M. Wagner , Alliance Defending Freedom, Lansdowne, VA, for Plaintiff-Appellee State of Arkansas, by and through Leslie Rutledge.

Mary Hunter Gramling , Office of the Attorney General, Juneau, AK, for Plaintiff-Appellee State of Alaska, by and through Treg R. Taylor.

Henry Charles Whitaker , James Hamilton Percival, II , Florida Attorney General Service, Office of the Attorney General, Tallahassee, FL, for Plaintiff-Appellee State of Florida, by and through Ashley Moody.

Jeffrey S. Thompson , Iowa Department of Justice, Office of the Attorney General, De Moines, IA, Eric H. Wessan , Iowa Department of Justice, Solicitor General, Des Moines, IA, for Plaintiff-Appellee State of Iowa.

Dwight Carswell , Solicitor General of Kansas, Topeka, KS, Jeffrey A. Chanay , Office of Kansas State Treasurer, Topeka, KS, for Plaintiff-Appellee State of Kansas, by and through Derek Schmidt.

Christian Brian Corrigan , Montana Attorney General's Office, Office of the Attorney General, Helena, MT, for Plaintiff-Appellee State of Montana by and through Austin Knudsen.

Anthony J. Galdieri , Samuel R. V. Garland , New Hampshire Department of Justice, Office of the Attorney General — Civil Bureau, Concord, NH, for Plaintiff-Appellee State of New Hampshire.

Bryan Cleveland , Oklahoma State Department of Education, Legal Services, Oklahoma City, OK, Mithun Mansinghani , Lehotsky Keller Cohn LLP, Oklahoma City, OK, for Plaintiff-Appellee State of Oklahoma, by and through Mike Hunter.

James Emory Smith, Jr. , Attorney General's Office, Columbia, SC, for Plaintiff-Appellee State of South Carolina, by and through Alan Wilson.

Clifton E. Katz , Office of the Attorney General South Dakota, Pierre, SD, for Plaintiff-Appellee State of South Dakota, by and through Jason R. Ravnsborg.

Melissa Holyoak , Office of the Attorney General, State of Utah, Salt Lake City, UT, for Plaintiff-Appellee State of Utah, by and through Sean Reyes.

Daniel Winik , DOJ-CIV, Civil Division, Appellate Staff, Washington, DC, Michael Patrick Clendenen , Stephen Ehrlich , Charles E. T. Roberts , DOJ-Civ, Washington, DC, Alisa Beth Klein , U.S. Attorney General's Office, Washington, DC, for Defendants-Appellants.

Richard Abbott Samp , Chief Counsel, New Civil Liberties Alliance, Washington, DC, for Amicus Curiae New Civil Liberties Alliance.

Benjamin Paul Sisney , American Center for Law & Justice, Washington, DC, for Amici Curiae American Center for Law and Justice, Sixty-Four (64) Members of the U.S. Senate and U.S. House of Representatives.

Joseph Henchman , National Taxpayers Union Foundation, Washington, DC, for Amicus Curiae National Taxpayers Union Foundation.

Drew Curtis Ensign , Drew C. Ensign, PLLC, Phoenix, AZ, for Amici Curiae State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Nebraska, State of Ohio, State of Tennessee, State of Texas.

Paul D. Clement , Clement & Murphy, PLLC, Alexandria, VA, for Amici Curiae Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center.

Before William Pryor, Chief Judge, Wilson, Jordan, Rosenbaum, Newsom, Branch, Grant, Luck, Lagoa, Brasher, and Abudu, Circuit Judges.


BY THE COURT:

A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this appeal should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted against granting rehearing en banc, IT IS ORDERED that this appeal will be not be reheard en banc.

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