State of Oregon v. John Ashcroft, Attorney General, in His Official Capacity as United States Attorney General Asa Hutchinson, in His Official Capacity as Administrator of the Drug Enforcement Administration Kenneth W. Magee, in His Official Capacity as Director of the Drug Enforcement Administration, Portland Office United States of America United States Department of Justice United States Drug Enforcement Administration v. Peter A. Rasmussen David Malcolm Hochhalter Richard Holmes James Romney Melissa Bush John Doe 1, Plaintiffs-Intervenors-Appellees

368 F.3d 1118 State of OREGON, Plaintiff-Appellee, v. John ASHCROFT, Attorney General, in his official capacity as United States Attorney General; ASA Hutchinson, in his official capacity as Administrator of the Drug Enforcement Administration; Kenneth W. Magee, in his official capacity as Director of the Drug Enforcement Administration, Portland Office; United States of America; United States Department of Justice; United States Drug Enforcement Administration, Defendants-Appellants, v. Peter A. Rasmussen; David Malcolm Hochhalter; Richard Holmes; James Romney; Melissa Bush; John Doe # 1, Plaintiffs-Intervenors-Appellees. No. 02-35587. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 2003. Filed May 26, 2004. Gregory G. Katsas, Deputy Asst. Attorney General, Jonathan H. Levy, and R. Craig Green, U.S. Department of Justice, Washington, DC, for the defendants/appellants. Robert B. Rocklin, Asst. Attorney General, Oregon Department of Justice, Salem, OR, for the plaintiff/appellee. Eli D. Stutsman, Portland, OR, for physician/pharmacist plaintiffs-intervenors/appellees. Nicholas W. van Aelstyn, Heller Ehrman White & McAuliffe, San Francisco, CA; and…