AFL-CIO & CA Labor, et al v. Chamber of Commerce, et al

Filing 920080915

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
CHAMBER OF COMMERCE OF THE UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.; BEVERLY HEALTH & REHABILITATION SERVICES, INC. dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, CALIFORNIA LABOR FEDERATION, AFL-CIO; AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Intervenors-Appellants, v.

No. 03-55166 D.C. No. CV-02-00377-GLT

12755

12756

CHAMBER

OF

COMMERCE v. LOCKYER

BILL LOCKYER, Attorney General, in his capacity as Attorney General of the State of California; DEPARTMENT OF HEALTH SERVICES; FRANK G. VANACORE, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; DIANA M. BONTA, R.N., Dr., Ph.D, as the Director of the California Department of Health Services, Defendants.

CHAMBER OF COMMERCE OF THE UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.; BEVERLY HEALTH & REHABILITATION SERVICES, INC. dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, and

No. 03-55169 D.C. No. CV-02-00377-GLT ORDER

CHAMBER

OF

COMMERCE v. LOCKYER

12757

CALIFORNIA LABOR FEDERATION, AFL-CIO; AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Intervenors-Appellants, v. BILL LOCKYER, Attorney General, in his capacity as Attorney General of the State of California; DEPARTMENT OF HEALTH SERVICES; FRANK G. VANACORE, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; DIANA M. BONTA, R.N., Dr., Ph.D, as the Director of the California Department of Health Services, Defendants-Appellants.

On Remand from the United States Supreme Court Filed September 15, 2008 Before: Alex Kozinski, Chief Judge, Mary M. Schroeder, Stephen Reinhardt, Robert R. Beezer, Andrew J. Kleinfeld, Michael Daly Hawkins, Sidney R. Thomas, Barry G. Silverman, M. Margaret McKeown, Kim McLane Wardlaw, Raymond C. Fisher, Richard A. Paez, Johnnie B. Rawlinson, Richard R. Clifton and Consuelo M. Callahan, Circuit Judges. ORDER This case was remanded to us from the United States Supreme Court. See Chamber of Commerce of U.S. v. Brown,

12758

CHAMBER

OF

COMMERCE v. LOCKYER

128 S. Ct. 2408 (2008). In light of the Supreme Court's decision, we VACATE our opinion in Chamber of Commerce of U.S. v. Lockyer, 463 F.3d 1076 (9th Cir. 2006), and REMAND to the district court for further proceedings consistent with the opinion of the Supreme Court.

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