Opinion
No. 20-454.
05-17-2021
Xavier BECERRA, Secretary of Health and Human Services, et al., Petitioners, v. MAYOR AND CITY COUNCIL OF BALTIMORE.
The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government's representations, the motion for leave to intervene is denied, and the petition in Nos. 20–429, 20– 454, and 20–539 is dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petition.