What is the relevant facts on the basis of a motion to dismiss the case of former Attorney General John Ashcroft?

This matter was argued September 17, 2003. This court subsequently issued its decision in Raich v. Ashcroft, 352 F.3d 1222 (9th Cir.2003), cert. granted, ___ U.S. ___, 124 S.Ct. 2909, ___ L.Ed.2d ___, 2004 WL 875062 (2004), on December 16, 2003. We vacated submission and ordered

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supplemental briefing. This case was resubmitted as of April 30, 2004.