Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAMBER OF COMMERCE OF No. 20-15291 THE UNITED STATES OF AMERICA; CALIFORNIA D.C. No. CHAMBER OF COMMERCE; 2:19-cv-02456- NATIONAL RETAIL KJM-DB FEDERATION; CALIFORNIA RETAILERS ASSOCIATION; NATIONAL ASSOCIATION OF OPINION SECURITY COMPANIES; HOME CARE ASSOCIATION OF AMERICA; CALIFORNIA ASSOC

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAMBER OF COMMERCE OF No. 20-15291 THE UNITED STATES OF AMERICA; CALIFORNIA D.C. No. CHAMBER OF COMMERCE; 2:19-cv-02456-KJM-DB NATIONAL RETAIL FEDERATION; CALIFORNIA RETAILERS ASSOCIATION; ORDER NATIONAL ASSOCIATION OF SECURITY COMPANIES; HOME CARE ASSOCIATION OF AMERICA; CALIFORNIA ASSOCIATION FOR HEALTH SERVICES AT HOME,

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAMBER OF COMMERCE OF THE No. 20-15291 UNITED STATES OF AMERICA; CALIFORNIA CHAMBER OF D.C. No. COMMERCE; NATIONAL RETAIL 2:19-cv-02456- FEDERATION; CALIFORNIA KJM-DB RETAILERS ASSOCIATION; NATIONAL ASSOCIATION OF SECURITY COMPANIES; HOME CARE OPINION

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CALIFORNIA CHAMBER OF No. 21-15745 COMMERCE, Plaintiff-Appellee, D.C. No. 2:19-cv-02019- v. KJM-JDP COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS, a California OPINION public benefit corporation, Intervenor-Defendant-Appellant. Appeal from the United States

ORDER This case was remanded to us from the United States Supreme Court, See Chamber of Commerce of U.S. v. Brown, — U.S. -, 128 S.Ct. 2408, 171 L.Ed.2d 264 *1118(2008). In light of the Supreme Court’s decision, we VACATE our opinion in Chamber of Commerce of U.S. v. Lockyer, 463 F.3d 1076 (9th Cir.2006), and REMAND to the district court for further proceed

ORDER Upon the vote of a majority of nonre-cused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court. . Judge B

ORDER The Petition for Panel Rehearing is GRANTED, and the case shall be resubmitted as of the date of this order, without additional oral argument. The panel’s opinion is withdrawn and shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the panel upon rehearing.

ORDER Upon the vote of a majority of the en banc court, the opinion and dissent filed on September 6, 2005, slip op. 12167, and appearing at 422 F.3d 973 (9th Cir.2005), are withdrawn.

Volume 1 of 2 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAMBER OF COMMERCE OF THE  UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO I

Volume 1 of 2 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAMBER OF COMMERCE OF THE  UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO I

FISHER, Circuit Judge: This case presents a convergence of two important governmental interests: the ability of states to control the uses of state funds and the federal government’s national labor policy, expressed through the National Labor Relations Act (“NLRA”). The question is whether these two interests conflict here, such that the NLRA overrides California’s interest. Specifically, a California statute forbids employe

225 F.Supp.2d 1199 (2002) THE CHAMBER OF COMMERCE OF THE U.S., et al. Plaintiffs, v. Bill LOCKYER, et al., Defendants. No. SA CV 02-0377 GLT. United States District Court, C.D. California, Southern Division. September 16, 2002. *1200 *1201 Stephen P. Pepe, Brent J. North, Renee M. Spigarelli,

USCA4 Appeal: 24-1727 Doc: 48 Filed: 08/15/2025 Pg: 1 of 23 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-1727 CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA; NETCHOICE; COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, Plaintiffs -

435 F.3d 999 CHAMBER OF COMMERCE OF THE UNITED STATES; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers And Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor C

437 F.3d 890 CHAMBER OF COMMERCE OF The UNITED STATES; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers and Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; Del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor C

364 F.3d 1154 CHAMBER OF COMMERCE OF the UNITED STATES; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers and Technology Association; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; Del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly

463 F.3d 1076 CHAMBER OF COMMERCE OF the UNITED STATES; California Chamber of Commerce; Employers Group; California Healthcare Association; California Manufacturers and Technology Assn.; California Association of Health Facilities; California Association of Home & Services for the Aging; Bettec Corporation; Marksherm Corporation; Zilaco Inc., Zilaco; del Rio Healthcare, Inc.; Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NETCHOICE, LLC, No. 25-146 D.C. No. Plaintiff - Appellant, 5:24-cv-07885- EJD v. ROB BONTA, in his official capacity as Attorney General of California, OPINION Defendant - Appellee. Appeal from the

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT X CORP., No. 24-271 D.C. No. Plaintiff - Appellant, 2:23-cv-01939- WBS-AC v. ROBERT BONTA, in his official OPINION capacity as Attorney General of California, Defendant - Appellee. A

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NETCHOICE, LLC, doing business No. 23-2969 as NetChoice, D.C. No. 5:22-cv-08861- Plaintiff - Appellee, BLF v. OPINION ROB BONTA, Attorney General Of The State Of California, Defendant - A