United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 26, 2018 Decided June 14, 2019 No. 18-5093 J.D., ON BEHALF OF HERSELF AND OTHERS SIMILARLY SITUATED, ET AL., APPELLEES v. ALEX MICHAEL AZAR, II, SECRETARY, HEALTH AND HUMAN SERVICES, ET AL., APPELLANTS Appeal from the United States District Court for the District of Columbia (No. 1:17-cv-02122) August E. Flentje, Special Counsel, U.S. Department of Justice, argued the cause for appellants. With him on the brief were Hashim M. Mooppan, Deputy Assistant Attorney General, and Michael C. Heyse, Attorney. Ken Paxton, Attorney General, Office of the Attorney General for the State of Texas, Scott A. Keller, Solicitor General, Kyle Hawkins, Assistant Solicitor General, David J. Hacker, Special Counsel for Civil Litigation, Leslie Rutledge, Attorney General, Office of the Attorney General for the State of Alabama, M. Stephen Pitt, General Counsel for the 2 Governor of Kentucky, Jeff Landry, Attorney General, Office of the Attorney General for the State of Louisiana, Eric Schmitt, Attorney General, Office of the Attorney General for the State of Missouri, Doug Peterson, Attorney General, Office of the Attorney General for the State of Nebraska, Dave Yost, Attorney General, Office of the Attorney General for the State of Ohio, Mike Hunter, Attorney General, Office of the Attorney General for the State of Oklahoma, Alan Wilson, Attorney General, Office of the Attorney General for the State of South Carolina, and Patrick Morrisey, Attorney General, Office of the Attorney General for the State of West Virginia, were on the brief as amici curiae States of Texas, et al. in support of appellants. Brigitte Amiri argued the cause for appellees. With her on the brief were Meagan Burrows, Jennifer Dalven, Arthur B. Spitzer, Scott Michelman, Daniel Mach, and Melissa Goodman. Barbara D. Underwood, Solicitor General, Office of the Attorney General for the State of New York, Anisha S. Dasgupta, Deputy Solicitor General, Ester Murdukhayeva, Assistant Solicitor General, Brian E. Frosh, Attorney General, Office of the Attorney General for the State of Maryland, Maura Healey, Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Gurbir S. Grewal, Attorney General, Office of the Attorney General for the State of New Jersey, Hector Balderas, Attorney General, Office of the Attorney General for the State of New Mexico, Joshua H. Stein, Attorney General, Office of the Attorney General for the State of North Carolina, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, Josh Shapiro, Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Xavier Becerra, Attorney General, Office of the Attorney 3 General for the State of California, William Tong, Attorney General, Office of the Attorney General for the State of Connecticut, Kathy Jennings, Attorney General, Office of the Attorney General for the State of Delaware, Russell A. Suzuki, Attorney General, Office of the Attorney General for the State of Hawaii, Kwame Raoul, Attorney General, Office of the Attorney General for the State of Illinois, Thomas J. Miller, ...
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