FRANCISCAN ALLIANCE, INCORPORATED; CHRISTIAN MEDICAL AND DENTAL SOCIETY; SPECIALTY PHYSICIANS OF ILLINOIS, L.L.C., Plaintiffs—Appellees, versus XAVIER BECERRA, Secretary, U.S. Department of Health and Human Services; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendants—Appellants, AMERICAN CIVIL LIBERTIES UNION OF TEXAS; RIVER CITY GENDER ALLIANCE, Intervenor Defendants—Appellants., 47 F.4th 368

Summary

HOLDINGS: [1]-The United States Department of Health and Human Services (HHS) caused the health care provider's APA claim to become moot by passing the 2020 Rule, nor would it be in the public interest to vacate the district court's order; [2]-Permitting important agency rules to flicker in and out of existence was detrimental to the rule of law, and appellants were not entitled to the equitable remedy of vacatur; [3]-Appellants could not cite a single case where a court refused to grant a permanent injunction because of the hypothetical chance that the Government could advance a compelling government interest sometime in the future; [4]-The provider's proposed relief was briefed extensively by both sides, both on remand and on appeal, and no surprise meant no prejudice.