Opinion
No. 19-35673
08-02-2022
UNITED STATES of America, Plaintiff-Appellant, v. State of WASHINGTON ; Jay Robert Inslee, in his official capacity as Governor of the State of Washington ; Joel Sacks, in his official capacity as Director of the Washington State Department of Labor and Industries; Washington State Department of Labor & Industries, Defendants-Appellees.
John S. Koppel and Mark B. Stern, Appellate Staff; Bill Hyslop, United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellant. Noah G. Purcell, Solicitor General; Anastasia Sandstrom, Senior Counsel; Paul Wiedeman, Assistant Attorney General; Robert W. Ferguson, Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees.
John S. Koppel and Mark B. Stern, Appellate Staff; Bill Hyslop, United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellant.
Noah G. Purcell, Solicitor General; Anastasia Sandstrom, Senior Counsel; Paul Wiedeman, Assistant Attorney General; Robert W. Ferguson, Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees.
Before: Richard C. Clifton and Milan D. Smith, Jr., Circuit Judges, and James Donato, District Judge.
The Honorable James Donato, United States District Judge for the Northern District of California, sitting by designation.
ORDER
On June 21, 2022, the Supreme Court issued its opinion in this case, reversing our prior judgment in United States v. Washington , 971 F.3d 856 (9th Cir.), amended , 994 F.3d 994 (9th Cir. 2020). See United States v. Washington , ––– U.S. ––––, 142 S. Ct. 1976, ––– L.Ed.2d –––– (2022). Therefore, we VACATE the district court's grant of summary judgment in favor of defendants and REMAND for further proceedings consistent with the Supreme Court's opinion. This order shall act as and for the mandate of this court.