Chamber of Commerce of the United States v. Bill Lockyer ( 2006 )

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 INC., ZILACO; No. 03-55166 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, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS; CALIFORNIA LABOR FEDERATION, AFL-CIO, Intervenors-Appellants, v.  803 804 CHAMBER OF COMMERCE v. LOCKYER 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, Diana M. Bonta, R.N., Dr., P.h.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; No. 03-55169 CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA  D.C. No. CV-02-00377-GLT ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME ORDER & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.;  CHAMBER OF COMMERCE v. LOCKYER 805 BEVERLY HEALTH & REHABILITATION  SERVICES, INC. Dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, and AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS; CALIFORNIA LABOR FEDERATION, AFL-CIO, Intervenors, 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, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants-Appellants.  Filed January 17, 2006 Before: Mary M. Schroeder, Chief Judge. 806 CHAMBER OF COMMERCE v. LOCKYER ORDER Upon the vote of a majority of nonrecused 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. 1 Judge Berzon is recused. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.