19-267-cv(L) State of New York v. U.S. Dep’t of Justice United States Court of Appeals FOR THE SECOND CIRCUIT At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 13th day of July, two thousand twenty. PRESENT: ROBERT A. KATZMANN, Chief Judge, JOSÉ A. CABRANES, ROSEMARY S. POOLER, PETER W. HALL, DEBRA ANN LIVINGSTON, DENNY CHIN, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, RICHARD J. SULLIVAN, JOSEPH F. BIANCO, WILLIAM J. NARDINI, STEVEN J. MENASHI, Circuit Judges. STATE OF NEW YORK, STATE OF CONNECTICUT, STATE OF NEW JERSEY, STATE OF WASHINGTON, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, STATE OF RHODE ISLAND, CITY OF NEW YORK, Plaintiffs-Appellees, v. No. 19-267-cv(L) No. 19-275-cv(con) UNITED STATES DEPARTMENT OF JUSTICE, WILLIAM P. BARR, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED STATES, Defendants-Appellants. For Plaintiffs-Appellees State of New Barbara D. Underwood, Solicitor York, Connecticut, New Jersey, General, Anisha S. Dasgupta, Rhode Island, and Washington, and Deputy Solicitor General, Linda Commonwealths of Massachusetts Fang and Ari Savitzky, Assistant and Virginia: Solicitors General, for Letitia James, Attorney General of the State of New York, New York, NY. For Plaintiff-Appellee City of New Richard Dearing, Devin Slack, York: Jamison Davies, for James E. Johnson, Corporation Counsel of the City of New York, New York, NY. Following disposition of this appeal on February 26, 2020, Plaintiffs- Appellees filed petitions for rehearing en banc and an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en banc review, the petitions for rehearing en banc are hereby DENIED. José A. Cabranes, Circuit Judge, joined by Debra Ann Livingston, Richard J. Sullivan, Joseph F. Bianco, William J. Nardini, and Steven J. Menashi, Circuit Judges, concurs by opinion in the denial of rehearing en banc. Raymond J. Lohier, Jr., Circuit Judge, joined by Peter W. Hall, Circuit Judge, concurs by opinion in the denial of rehearing en banc. 2 Richard J. Sullivan, Circuit Judge, joined by José A. Cabranes, Debra Ann Livingston, and Joseph F. Bianco, Circuit Judges, concurs by opinion in the denial of rehearing en banc. Robert A. Katzmann, Chief Judge, dissents by opinion from the denial of rehearing en banc. Rosemary S. Pooler, Circuit Judge, joined by Denny Chin and Susan L. Carney, Circuit Judges, dissents by opinion from the denial of rehearing en banc. Michael H. Park, Circuit Judge, took no part in the consideration or decision of the petitions. FOR THE COURT: CATHERINE O’HAGAN WOLFE, CLERK 3 JOSÉ A. CABRANES, Circuit Judge, joined by DEBRA ANN LIVINGSTON, RICHARD J. SULLIVAN, JOSEPH F. BIANCO, WILLIAM J. NARDINI, and STEVEN J. MENASHI, Circuit Judges, concurring in the order denying rehearing en banc: I concur in the order denying rehearing of this case en banc. As a member of the unanimous panel in this case, I ...
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