United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 10, 2018 Decided March 8, 2019* No. 18-5257 JANE DOE 2, ET AL., APPELLEES v. PATRICK M. SHANAHAN, IN HIS OFFICIAL CAPACITY AS ACTING SECRETARY OF DEFENSE, ET AL., APPELLANTS Appeal from the United States District Court for the District of Columbia (No. 1:17-cv-01597) Brinton Lucas, Counsel to the Assistant Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Hashim M. Mooppan, Deputy Assistant Attorney General, Marleigh D. Dover, and Tara S. Morrissey, Attorneys. Jennifer Levi argued the cause for appellees. With her on the brief were Paul R.Q. Wolfson, John T. Byrnes, Kevin M. Lamb, Alan E. Schoenfeld, Shannon P. Minter, and Christopher Stoll. * The Panel issued a judgment on January 4, 2019 (2019 WL 102309). Judges Wilkins and Williams now file separate opinions. 2 Maura Healey, Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Robert E. Toone, Assistant Attorney General, Janet T. Mills, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Maine, Brian E. Frosh, Attorney General for the State of Maryland, Lori Swanson, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Minnesota, 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, Barbara Underwood, Attorney General at the time the brief was filed, Office of the Attorney General for the State of New York, Joshua H. Stein, Attorney General, Office of the Attorney General for the State of North Carolina, Xavier Becerra, Attorney General, Office of the Attorney General for the State of California, George Jepsen, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Connecticut, Matthew P. Denn, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Delaware, Karl A. Racine, Attorney General, Office of the Attorney General for the District of Columbia, Russell A. Suzuki, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Hawaii, Lisa Madigan, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Illinois, Tom Miller, Attorney General, Office of the Attorney General for the State of Iowa, Peter F. Kilmartin, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Rhode Island, Thomas J. Donovan, Jr., Attorney General, Office of the Attorney General for the State of Vermont, Mark R. Herring, Attorney General, Office of the Attorney General for the Commonwealth of Virginia, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, and Josh Shapiro, Attorney General, Office of the 3 Attorney General for ...
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