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TEXAS DEP'T OF FAMILY & PROTECTIVE SERV. v. AZAR

No. 3:19-cv-00365.

476 F.Supp.3d 570 (2020)

The State of Texas, TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES, and the Archdiocese of Galveston-Houston, Plaintiffs, v. Alex M. AZAR, II, the United States Department of Health and Human Services, and the United States of America, Defendants.

United States District Court, S.D. Texas, Galveston Division.

Signed August 5, 2020.

Attorney(s) appearing for the Case

William Thomas Thompson, Benjamin Sheffield Walton, David Jonathan Hacker, Office of the Texas Attorney General, Austin, TX, for Plaintiffs State Of Texas, Texas Department of Family & Protective Services.

Eric Christopher Rassbach, Christopher Carmen Pagliarella, Mark Leonard Rienzi, Nicholas Robert Reaves, The Becket Fund for Religious Liberty, Washington, DC, for Plaintiff Archdiocese of Galveston-Houston.

Benjamin Thomas Takemoto, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

[T]he text of the Constitution ... extends the judicial power only "to all Cases" and "to Controversies." It follows that courts ... may not decide non-cases, which are not adversary situations and in which nothing of immediate consequence to the parties...

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