Livingwell Medical Clinic, Inc v. Kamala Harris

MEMORANDUM

Livingwell Medical Clinic, Inc., et al. (collectively Livingwell) appeals from the district court’s denial of their motion for a preliminary injunction to prevent the enforcement of the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (the FACT Act or the Act). We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

1. The district court erroneously imposed a higher than appropriate standard on the ground that Livingwell’s motion for a preliminary injunction targeted a law. See Katie A., ex rel. Ludin v. Los Angeles Cty., 481 F.3d 1150 , 1155 n.12 (9th Cir. 2007). And to the extent that the district court cited Coalition for Econ. Equity v. Wilson, 122 F.3d 718 , 719 (9th Cir. 1997) (order), as grounds for raising Livingwell’s burden, this was erroneous. See Indep. Living Ctr. of S. Cal., Inc. v. Maxwell-Jolly, 572 F.3d 644, 658 (9th Cir. 2009), vacated on other grounds by Douglas v. Indep. Living Ctr. of S. Cal, Inc., 565 U.S. 606 , 132 S.Ct. 1204 , 182 L.Ed.2d 101 (2012).

This error, however, was harmless because the district court properly denied the motion for a preliminary injunction. See Nat’l Inst. of Family…