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NEESE v. BECERRA

2:21-CV-163-Z.

640 F.Supp.3d 668 (2022)

Susan NEESE, et al., Plaintiffs, v. Xavier BECERRA, in his official capacity as the Secretary of the United States Department of Health and Human Services, et al., Defendants.

United States District Court, N.D. Texas, Amarillo Division.

Signed November 11, 2022.

Attorney(s) appearing for the Case

Jonathan F. Mitchell, Austin, TX, Charles W. Fillmore, H. Dustin Fillmore, III, The Fillmore Law Firm LLP, Fort Worth, TX, Christopher L. Jensen, Marvin W. Jones, Sprouse Shrader Smith PLLC, Amarillo, TX, Gene Patrick Hamilton, America First Legal Foundation, Washington, DC, for Plaintiffs Susan Neese, James Hurly.

Jeremy S. B. Newman, Christopher D. Dodge, U.S. Department of Justice, Civil Division, Federal Programs, Washington, DC, Jordan Landrum Von Bokern, U.S. Department of Justice, Washington, DC, Brian Walters Stoltz, U.S. Attorney's Office, Dallas, TX, for Defendants.

Christian D. Stewart, Burdett, Morgan, Williamson & Boykin, LLP, Amarillo, TX, Johannes S. Widmalm-Delphonse, Pro Hac Vice, Rachel A. Csutoros, Pro Hac Vice, Alliance Defending Freedom, Lansdowne, VA, Jonathan Scruggs, Pro Hac Vice, Alliance Defending Freedom, Scottsdale, AZ, for Amici Madison Kenyon, Maddie Dichiara, Chelsea Mitchell.

OPINION AND ORDER

In his Bostock dissent, Justice Alito foresaw how litigants would stretch the majority opinion like an elastic blanket to cover categories, cases, and controversies expressly not decided. Justice Alito warned: "The entire Federal Judiciary will be mired...

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