L) (1:19-cv-01103-RDB) MAYOR AND CITY COUNCIL OF BALTIMORE v. Alex M. Azar, Ii

FILED: March 30, 2020
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 19-1614 (L)
(1:19-cv-01103-RDB)
___________________
MAYOR AND CITY COUNCIL OF BALTIMORE
Plaintiff - Appellee
v.
ALEX M. AZAR, II, in his official capacity as the Secretary of Health and Human
Services; DIANE FOLEY, M.D., in her official capacity as the Deputy Assistant
Secretary, Office of Population Affairs; UNITED STATES DEPARTMENT OF
HEALTH & HUMAN SERVICES; OFFICE OF POPULATION AFFAIRS
Defendants - Appellants
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OHIO; ALABAMA; ARKANSAS; INDIANA; KANSAS; LOUISIANA;
NEBRASKA; OKLAHOMA; SOUTH CAROLINA; SOUTH DAKOTA;
TENNESSEE; TEXAS; UTAH; WEST VIRGINIA
Amici Supporting Appellant
NEW YORK, NEW YORK CITY HEALTH + HOSPITALS AND 10 LOCAL
GOVERNMENTS; NATIONAL HEALTH LAW PROGRAM; ADVOCATES FOR
YOUTH; AMERICAN MEDICAL STUDENT ASSOCIATION; AMERICAN
SOCIETY FOR REPRODUCTIVE MEDICINE; COMMUNITY CATALYST; THE
ENDOCRINE SOCIETY; FAMILIES USA; IN OUR OWN VOICE: NATIONAL
BLACK WOMEN'S REPRODUCTIVE JUSTICE AGENDA; JUVENILE LAW

CENTER; THE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN
RIGHTS; NATIONAL COUNCIL OF JEWISH WOMEN; NARAL PRO-CHOICE
AMERICA; NATIONAL ABORTION FEDERATION; NATIONAL
IMMIGRATION LAW CENTER; NATIONAL INSTITUTE FOR
REPRODUCTIVE HEALTH; NATIONAL LATINA INSTITUTE FOR
REPRODUCTIVE HEALTH; NATIONAL PARTNERSHIP FOR WOMEN &
FAMILIES; NATIONAL WOMEN'S HEALTH NETWORK; NATIONAL
WOMEN'S LAW CENTER; NORTHWEST HEALTH LAW ADVOCATES;
POSITIVE WOMEN'S NETWORK-USA; POWER TO DECIDE; UNION FOR
REFORM JUDAISM; CENTRAL CONFERENCE OF AMERICAN RABBIS;
WOMEN OF REFORM JUDAISM; MEN OF REFORM JUDAISM; UNITE FOR
REPRODUCTIVE & GENDER EQUITY; WHITMAN-WALKER HEALTH;
WOMENHEART; YWCA OF THE USA; NATIONAL CENTER FOR LESBIAN
RIGHTS; GLMA: HEALTH PROFESSIONALS ADVANCING LGBT
EQUALITY; THE LGBT MOVEMENT ADVANCEMENT PROJECT;
NATIONAL LGBTQ TASK FORCE; EQUALITY FEDERATION; SEXUALITY
INFORMATION AND EDUCATION COUNCIL OF THE UNITED STATES;
FAMILY EQUALITY COUNCIL; THE NATIONAL CENTER FOR
TRANSGENDER EQUALITY; HIV MEDICINE ASSOCIATION; GLBTQ LEGAL
ADVOCATES & DEFENDERS; LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INCORPORATED; THE HUMAN RIGHTS CAMPAIGN;
TRANSGENDER LAW CENTER; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; THE INSTITUTE FOR POLICY INTEGRITY AT NEW YORK
UNIVERSITY SCHOOL OF LAW; NATIONAL CENTER FOR YOUTH LAW;
AMERICAN ACADEMY OF PEDIATRICS; AMERICAN COLLEGE OF
OBSTETRICIANS AND GYNECOLOGISTS; AMERICAN COLLEGE OF
PHYSICIANS;
SOCIETY FOR ADOLESCENT HEALTH AND MEDICINE; SOCIETY FOR
MATERNAL FETAL MEDICINE
Amici Supporting Appellee

___________________
No. 20-1215
(1:19-cv-01103-RDB)
___________________

MAYOR AND CITY COUNCIL OF BALTIMORE
Plaintiff - Appellee

v.

ALEX M. AZAR, II, in his official capacity as the Secretary of Health and Human
Services; DIANE FOLEY, M.D., in her official capacity as the Deputy Assistant
Secretary, Office of Population Affairs; UNITED STATES DEPARTMENT OF
HEALTH & HUMAN SERVICES; OFFICE OF POPULATION AFFAIRS

Defendants - Appellants

___________________

O R D E R
___________________

A majority of judges in regular active service and not disqualified having voted
in a requested poll of the court in case number No. 20-1215 to grant initial hearing en
banc,
IT IS ORDERED that initial hearing en banc is granted.

Upon consideration of submissions relative to the motion to consolidate case
No. 19-1614 with case No. 20-1215, the court grants the motion and consolidates the
cases under lead case No. 19-1614. The clerk is directed to set an appropriate
expedited supplemental briefing schedule.
The parties and amici curiae shall file a total of 16 paper copies of previously
filed briefs and appendices by April 6, 2020. For the supplemental briefs and
appendices, 16 paper copies shall be filed together with the electronic copy.

For the Court
/s/ Patricia S. Connor, Clerk