United States Ninth Circuit

In a challenge to California legislation reducing state payments made under the Medi-Cal program to medical service providers, denial of preliminary injunction is reversed and the case remanded where: 1) plaintiffs sought injunctive relief based on preemption of the California law by the federal Medicaid Act under the Supremacy Clause of the Constitution; and 2) the preemptive statute need not create any federal right or cause of action for plaintiff to plead for injunctive relief based on preemption under the Supremacy Clause.

Appellate Information

• Argued 07/11/2008
• Decided 09/17/2008
• Published 09/17/2008

Judges

• BERZON, Circuit Judge:, Before:  STEPHEN REINHARDT, MARSHA S. BERZON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lynn S. Carman and Stanley L. Friedman (argued) for Independent Living Center of Southern California, et al., petitioners-appellants.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General of the State of California;  Richard T. Waldow, Supervising Deputy Attorney General;  Jennifer M. Kim (argued), Supervising Deputy Attorney General;  Phillip J. Matsumoto, Tara L. Newman, Gregory M. Cribs, and Sara Ugaz, Deputy Attorneys General;  for Sandra Shewry, Director of the Department of Health Care Services of the State of California, respondent-appellee.