State of Texas v. USA

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    IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 29, 2020 No. 19-10011 Lyle W. Cayce Clerk STATE OF TEXAS; STATE OF ALABAMA; STATE OF ARIZONA; STATE OF FLORIDA; STATE OF GEORGIA; STATE OF INDIANA; STATE OF KANSAS; STATE OF LOUISIANA; STATE OF MISSISSIPPI, by and through Governor Tate Reeves; 1 STATE OF MISSOURI; STATE OF NEBRASKA; STATE OF NORTH DAKOTA; STATE OF SOUTH CAROLINA; STATE OF SOUTH DAKOTA; STATE OF TENNESSEE; STATE OF UTAH; STATE OF WEST VIRGINIA; STATE OF ARKANSAS; NEILL HURLEY; JOHN NANTZ, Plaintiffs – Appellees v. UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF HEALTH; HUMAN SERVICES; ALEX AZAR, II, SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; UNITED STATES DEPARTMENT OF INTERNAL REVENUE; CHARLES P. RETTIG, in his Official Capacity as Commissioner of Internal Revenue, Defendants – Appellants STATE OF CALIFORNIA; STATE OF CONNECTICUT; DISTRICT OF COLUMBIA; STATE OF DELAWARE; STATE OF HAWAII; STATE OF ILLINOIS; STATE OF KENTUCKY, ex rel. Andy Beshear, Governor; STATE OF MASSACHUSETTS; STATE OF NEW JERSEY; STATE OF NEW YORK; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE OF VERMONT; STATE OF VIRGINIA; STATE OF WASHINGTON; STATE OF MINNESOTA, Intervenor Defendants – Appellants 1 Governor Tate Reeves is substituted pursuant to Federal Rule of Appellate Procedure 43(c)(2). No. 19-10011 Appeals from the United States District Court for the Northern District of Texas Before KING, ELROD, and ENGELHARDT, Circuit Judges. PER CURIAM: The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. 35 and 5TH CIR. R. 35), rehearing en banc is DENIED. 2 In the poll, 6 judges voted in favor of rehearing en banc, and 8 voted against. Judges Smith, Stewart, Dennis, Graves, Higginson, and Costa voted in favor. Chief Judge Owen and Judges Jones, Elrod, Southwick, Haynes, Willett, Duncan, and Engelhardt voted against. ENTERED FOR THE COURT: /s/ Jennifer Walker Elrod _____________________________ Jennifer Walker Elrod United States Circuit Judge 2 Judges Ho and Oldham are recused and did not participate in the en banc poll. 2 19-10011 Court of Appeals for the Fifth Circuit ca5 5th Cir. State of Texas v. USA 29 January 2020 United States Civil Published cfb77f173329f74ab10ea8ed9a2c35b8916edc62Original document

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