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

No. 03-55166 CORPORATION; ZILACO INC., ZILACO;

DEL RIO HEALTHCARE, INC.;  D.C. No.

BEVERLY HEALTH & REHABILITATION CV-02-00377-GLT

SERVICES, INC. dba Beverly Manor

Costa Mesa; INTERNEXT GROUP,

Plaintiffs-Appellees,

CALIFORNIA LABOR FEDERATION,

AFL-CIO; AMERICAN

FEDERATION OF LABOR AND

CONGRESS OF INDUSTRIAL

ORGANIZATIONS,

Intervenors-Appellants,

v. 

12755
BILL LOCKYER, Attorney General, 

in his capacity as Attorney

General of the State of California;

DEPARTMENT OF HEALTH SERVICES;

FRANK G. VANACORE, as the Chief

of the Audit Review and Analysis  Section of the California

Department of Health Services;

DIANA M. BONTA, R.N., Dr., Ph.D,

as the Director of the California

Department of Health Services,

Defendants. 

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; No. 03-55169

CALIFORNIA ASSOCIATION OF HOME D.C. No.

& SERVICES FOR THE AGING; BETTEC  CV-02-00377-GLT

CORPORATION; MARKSHERM ORDER CORPORATION; ZILACO INC., ZILACO;

DEL RIO HEALTHCARE, INC.;

BEVERLY HEALTH & REHABILITATION

SERVICES, INC. dba Beverly Manor

Costa Mesa; INTERNEXT GROUP,

Plaintiffs-Appellees,

and 

12756 CHAMBER OF COMMERCE v. LOCKYER
CALIFORNIA LABOR FEDERATION, 

AFL-CIO; AMERICAN

FEDERATION OF LABOR AND

CONGRESS OF INDUSTRIAL

ORGANIZATIONS,

Intervenors-Appellants,

v.

BILL LOCKYER, Attorney General,

in his capacity as Attorney

General of the State of California; 

DEPARTMENT OF HEALTH SERVICES;

FRANK G. VANACORE, as the Chief

of the Audit Review and Analysis

Section of the California

Department of Health Services;

DIANA M. BONTA, R.N., Dr., Ph.D,

as the Director of the California

Department of Health Services,

Defendants-Appellants. 

On Remand from the United States Supreme Court

Filed September 15, 2008

Before: Alex Kozinski, Chief Judge, Mary M. Schroeder,

Stephen Reinhardt, Robert R. Beezer, Andrew J. Kleinfeld,

Michael Daly Hawkins, Sidney R. Thomas,

Barry G. Silverman, M. Margaret McKeown,

Kim McLane Wardlaw, Raymond C. Fisher,

Richard A. Paez, Johnnie B. Rawlinson, Richard R. Clifton

and Consuelo M. Callahan, Circuit Judges.

ORDER

This case was remanded to us from the United States

Supreme Court. See Chamber of Commerce of U.S. v. Brown,

CHAMBER OF COMMERCE v. LOCKYER 12757
128 S. Ct. 2408 (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 proceedings consistent with the opinion of the Supreme Court.

12758 CHAMBER OF COMMERCE v. LOCKYER



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