Newsom

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No.: 20-CV-154 JLS (WVG)

Plaintiff,

ORDER REQUESTING

v. ADDITIONAL BRIEFING

GAVIN NEWSOM, in his Official (ECF Nos. 8, 13) Capacity as Governor of California; 15 XAVIER BECERRA, in his Official Capacity as Attorney General of California; and THE STATE OF

CALIFORNIA,

18 Defendants. 19 In their Reply Brief in Support of Motion for Judgment on the Pleadings (“Defs.’ Reply,” ECF No. 23), Defendants Gavin Newsom, Xavier Becerra, and the State of California argue for the first time that Assembly Bill 32 (“A.B. 32”) “threatens no ‘actual or imminent’ harm related to Taft [Correctional Institution], and [Plaintiff] the United States [of America] therefore lacks Article III standing to challenge AB 32 as applied to that or any [Federal Bureau of Prisons (“BOP”)] facility.” Defs.’ Reply at 8 (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)). Generally speaking, “arguments raised…