FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF CALIFORNIA; STATE OF No. 19-15072

DELAWARE; COMMONWEALTH OF

VIRGINIA; STATE OF MARYLAND; D.C. No. STATE OF NEW YORK; STATE OF 4:17-cv-05783-

ILLINOIS; STATE OF WASHINGTON; HSG

STATE OF MINNESOTA; STATE OF

CONNECTICUT; DISTRICT OF

COLUMBIA; STATE OF NORTH

CAROLINA; STATE OF VERMONT;

STATE OF RHODE ISLAND; STATE OF

HAWAII,

Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH &

HUMAN SERVICES; U.S.

DEPARTMENT OF LABOR; R.

ALEXANDER ACOSTA, in his official capacity as Secretary of the U.S. Department of Labor; ALEX M. AZAR II, Secretary of the United States Department of Health and Human Services; U.S. DEPARTMENT

OF THE TREASURY; STEVEN TERNER

MNUCHIN, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants, and

THE LITTLE SISTERS OF THE POOR

JEANNE JUGAN RESIDENCE,

Intervenor-Defendant-Appellant.

STATE OF CALIFORNIA; STATE OF No. 19-15118

DELAWARE; COMMONWEALTH OF

VIRGINIA; STATE OF MARYLAND; D.C. No. STATE OF NEW YORK; STATE OF 4:17-cv-05783-

ILLINOIS; STATE OF WASHINGTON; HSG

STATE OF MINNESOTA; STATE OF

CONNECTICUT; DISTRICT OF

COLUMBIA; STATE OF NORTH

CAROLINA; STATE OF VERMONT;

STATE OF RHODE ISLAND; STATE OF

HAWAII,

Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH &

HUMAN SERVICES; U.S.

DEPARTMENT OF LABOR; R.

ALEXANDER ACOSTA, in his official capacity as Secretary of the U.S. Department of Labor; ALEX M. AZAR II, Secretary of the United States Department of Health and Human Services; U.S. DEPARTMENT

OF THE TREASURY; STEVEN TERNER

MNUCHIN, in his official capacity as

STATE OF CAL. V. LITTLE SISTERS OF THE POOR 3

Secretary of the U.S. Department of the Treasury, Defendants-Appellants,

and

THE LITTLE SISTERS OF THE POOR

JEANNE JUGAN RESIDENCE,

Intervenor-Defendant.

STATE OF CALIFORNIA; STATE OF No. 19-15150

DELAWARE; COMMONWEALTH OF

VIRGINIA; STATE OF MARYLAND; D.C. No. STATE OF NEW YORK; STATE OF 4:17-cv-05783-

ILLINOIS; STATE OF WASHINGTON; HSG

STATE OF MINNESOTA; STATE OF

CONNECTICUT; DISTRICT OF

COLUMBIA; STATE OF NORTH ORDER

CAROLINA; STATE OF VERMONT;

STATE OF RHODE ISLAND; STATE OF

HAWAII,

Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HEALTH &

HUMAN SERVICES; U.S.

DEPARTMENT OF LABOR; R.

ALEXANDER ACOSTA, in his official capacity as Secretary of the U.S. Department of Labor; ALEX M. AZAR II, Secretary of the United States Department of Health and Human Services; U.S. DEPARTMENT

OF THE TREASURY; STEVEN TERNER

MNUCHIN, in his official capacity as Secretary of the U.S. Department of the Treasury, Defendants,

and

MARCH FOR LIFE EDUCATION AND

DEFENSE FUND,

Intervenor-Defendant- Appellant.

On Remand from the United States Supreme Court

Filed October 8, 2020

Before: J. Clifford Wallace, Andrew J. Kleinfeld, and Susan P. Graber, Circuit Judges.

Order

STATE OF CAL. V. LITTLE SISTERS OF THE POOR 5

ORDER

On August 13, 2020, this court ordered the parties to address two issues. First was the impact of the Supreme Court’s opinion in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 140 S. Ct. 2367 (2020), on this case. Second was whether this case should be remanded to the district court to apply the Supreme Court’s opinion in the first instance. The parties have filed their supplemental briefs. The preliminary injunction is VACATED, and these related cases are REMANDED to the district court to apply the Supreme Court’s opinion.