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TEXAS v. UNITED STATES DEPARTMENT OF HEALTH

MO:23-CV-00022-DC.

681 F.Supp.3d 665 (2023)

The State of TEXAS, Mayo Pharmacy, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Xavier Becerra, in His Official Capacity as Secretary of Health and Human Services; and United States Department of Health and Human Services Office for Civil Rights, Defendants.

United States District Court, W.D. Texas, Midland-Odessa Division.

Signed July 12, 2023.

Attorney(s) appearing for the Case

Amy Snow Hilton, Christopher D. Hilton, William D. Wassdorf, Office of the Attorney General, General Litigation Division, Austin, TX, for Plaintiff The State of Texas.

Matthew S. Bowman, Pro Hac Vice, Andrea Regan Dill, Alliance Defending Freedom, Washington, DC, Ryan L. Bangert, Alliance Defending Freedom, Bee Cave, TX, for Plaintiff Mayo Pharmacy, Inc.

Lisa Zeidner Marcus, Jeremy S. B. Newman, U.S. Department of Justice, Civil Division, Washington, DC, Liane Ngin Noble, AUSA, U.S. Attorney's Office, Austin, TX, for Defendants.

MEMORANDUM OPINION

A recent trend among federal agencies appears to be borrowing a technique common among money launderers to avoid judicial review. The technique known as "smurfing" in the financial arena occurs when the launderer divides a large transaction —which...

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