2
Brad D. Schimel, Attorney General, Office of the
Attorney General for the State of Wisconsin, Misha Tseytlin,
Solicitor General for the State of Wisconsin, Daniel P.
Lennington, Deputy Solicitor General for the State of
Wisconsin, E. Scott Pruitt, Attorney General, Office of the
Attorney General for the State of Oklahoma, Alan Wilson,
Attorney General, Office of the Attorney for the State of
South Carolina, Ken Paxton, Attorney General, Office of the
Attorney General for the State of Texas, Sean Reyes, Attorney
General, Office of the Attorney General for the State of Utah,
Patrick J. Morrisey, Attorney General, Office of the Attorney
General for the State of West Virginia, Leslie Rutledge,
Attorney General, Office of the Attorney General for the State
of Arkansas, Samuel S. Olens, Attorney General, Office of the
Attorney General for the State of Georgia, Jeff Landry,
Attorney General, Office of the Attorney General for the State
of Louisiana, Bill Schuette, Attorney General, Office of the
Attorney General for the State of Michigan, and Douglas J.
Peterson, Attorney General, Office of the Attorney General
for the State of Nebraska, were on the brief for amici curiae
the States of Wisconsin, et al. in support of plaintiffs-
appellees.
Before: BROWN and MILLETT, Circuit Judges, and
GINSBURG, Senior Circuit Judge.
Opinion of the Court filed by Circuit Judge B
ROWN.
B
ROWN, Circuit Judge: At issue in this appeal is whether
the Department of Health and Human Services (“HHS”)
colored outside the lines of its authority. The district court
held that it did, and we agree.
The Public Health Service Act, 42 U.S.C. § 201
(“PHSA”), establishes coverage requirements for all health