EXCEPTIONAL CHILD CENTER INC WDB v. ARMSTRONG (2015)

ORDER

The original decision entered by this court, reported at 567 F. App'x 496, was reversed by the Supreme Court of the United States. The Court held that the Supremacy Clause does not provide an implied private right of action and that Medicaid providers do not otherwise have the ability to proceed in equity for enforcement of § 30(A) of the Medicaid Act. See Armstrong v. Exceptional Child Ctr., Inc., 135 S.Ct. 1378 (2015). Accordingly, the Supreme Court has now specifically addressed the question our court had previously addressed, and the opinion upon which we relied, Indep. Living Ctr. of S. Cal. v. Shewry, 543 F.3d 1050 (9th Cir.2008), is no longer valid and is overruled. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir.2003) (en banc). In accordance with the Supreme Court's opinion, we vacate the district court's injunction, and remand with direction to the district court to dismiss the Complaint for failure to establish a claim over which we have subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).

REVERSED and REMANDED.