United States v. 2020-10-08 | 19-15072 | STATE OF CALIFORNIA V. THE LITTLE SISTERS OF THE POOR | precedential | opinion |

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STATE OF CALIFORNIA; STATE OF
DELAWARE; COMMONWEALTH OF
VIRGINIA; STATE OF MARYLAND;
STATE OF NEW YORK; STATE OF
ILLINOIS; STATE OF WASHINGTON;
STATE OF MINNESOTA; STATE OF
CONNECTICUT; DISTRICT OF
COLUMBIA; STATE OF NORTH
CAROLINA; STATE OF VERMONT;
STATE OF RHODE ISLAND; STATE OF
HAWAII,
Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH &
HUMAN SERVICES; U.S.
DEPARTMENT OF LABOR; R.
ALEXANDER ACOSTA, in his official
capacity as Secretary of the U.S.
Department of Labor; ALEX M.
AZAR II, Secretary of the United
States Department of Health and
Human Services; U.S.
DEPARTMENT
OF THE
TREASURY; STEVEN TERNER
MNUCHIN, in his official capacity as
Secretary of the U.S. Department of
the Treasury,
Defendants,
No. 19-15072

D.C. No.
4:17-cv-05783-
HSG

2 STATE OF CAL. V. LITTLE SISTERS OF THE POOR

and

T
HE LITTLE SISTERS OF THE POOR
JEANNE JUGAN RESIDENCE,
Intervenor-Defendant-Appellant.

STATE OF CALIFORNIA; STATE OF
DELAWARE; COMMONWEALTH OF
VIRGINIA; STATE OF MARYLAND;
STATE OF NEW YORK; STATE OF
ILLINOIS; STATE OF WASHINGTON;
STATE OF MINNESOTA; STATE OF
CONNECTICUT; DISTRICT OF
COLUMBIA; STATE OF NORTH
CAROLINA; STATE OF VERMONT;
STATE OF RHODE ISLAND; STATE OF
HAWAII,
Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH &
HUMAN SERVICES; U.S.
DEPARTMENT OF LABOR; R.
ALEXANDER ACOSTA, in his official
capacity as Secretary of the U.S.
Department of Labor; A
LEX M.
AZAR II, Secretary of the United
States Department of Health and
Human Services; U.S. DEPARTMENT
OF THE
TREASURY; STEVEN TERNER
MNUCHIN, in his official capacity as
No. 19-15118

D.C. No.
4:17-cv-05783-
HSG

STATE OF CAL. V. LITTLE SISTERS OF THE POOR 3

Secretary of the U.S. Department of
the Treasury,
Defendants-Appellants,

and

T
HE LITTLE SISTERS OF THE POOR
JEANNE JUGAN RESIDENCE,
Intervenor-Defendant.

STATE OF CALIFORNIA; STATE OF
DELAWARE; COMMONWEALTH OF
VIRGINIA; STATE OF MARYLAND;
STATE OF NEW YORK; STATE OF
ILLINOIS; STATE OF WASHINGTON;
STATE OF MINNESOTA; STATE OF
CONNECTICUT; DISTRICT OF
COLUMBIA; STATE OF NORTH
CAROLINA; STATE OF VERMONT;
STATE OF RHODE ISLAND; STATE OF
HAWAII,
Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH &
HUMAN SERVICES; U.S.
DEPARTMENT OF LABOR; R.
ALEXANDER ACOSTA, in his official
capacity as Secretary of the U.S.
Department of Labor; ALEX M.
AZAR II, Secretary of the United
States Department of Health and
No. 19-15150

D.C. No.
4:17-cv-05783-
HSG

ORDER

4 STATE OF CAL. V. LITTLE SISTERS OF THE POOR

Human Services; U.S. DEPARTMENT
OF THE
TREASURY; STEVEN TERNER
MNUCHIN, in his official capacity as
Secretary of the U.S. Department of
the Treasury,
Defendants,

and

MARCH FOR LIFE EDUCATION AND
DEFENSE FUND,
Intervenor-Defendant-
Appellant.

On Remand from the United States Supreme Court

Filed October 8, 2020

Before: J. Clifford Wallace, Andrew J. Kleinfeld,
and Susan P. Graber, Circuit Judges.

Order

STATE OF CAL. V. LITTLE SISTERS OF THE POOR 5

ORDER
On August 13, 2020, this court ordered the parties to
address two issues. First was the impact of the Supreme
Court’s opinion in Little Sisters of the Poor Saints Peter and
Paul Home v. Pennsylvania, 140 S. Ct. 2367 (2020), on this
case. Second was whether this case should be remanded to
the district court to apply the Supreme Court’s opinion in the
first instance. The parties have filed their supplemental
briefs. The preliminary injunction is VACATED, and these
related cases are REMANDED to the district court to apply
the Supreme Court’s opinion.