UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT F. KENNEDY, Jr., a citizen No. 22-35457 of New York; JOSEPH MERCOLA, MD, a citizen of Florida; RONALD D.C. No. CUMMINS, a citizen of Minnesota; 2:21-cv-01508- CHELSEA GREEN PUBLISHING, BJR INC., a Vermont corporation, Plaintiffs-Appellants, OPINION v. ELIZABETH WARREN, Senator, United States of America, in official and in personal capacity, Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Barbara Jacobs Rothstein, District Judge, Presiding

Argued and Submitted January 9, 2023 Pasadena, California

Filed May 4, 2023 Before: Paul J. Watford, Michelle T. Friedland, and Mark J. Bennett, Circuit Judges. 2 KENNEDY, JR. V. WARREN

Opinion by Judge Watford; Concurrence by Judge Bennett

SUMMARY *

Standing / Preliminary Injunction / First Amendment

The pa