United States Ninth Circuit
Colwell v. Dept. of Health & Hum. Servs., 05-55450
The dismissal of Plaintiffs' challenge to a Department of Health and Human Services Policy Guidance is affirmed, where Plaintiffs' suit was unripe because the Policy Guidance was ambiguous as to whether it was mandatory or a general statement of policy, and further regulations would likely clarify this issue.
Appellate Information
- Argued 02/13/2007
- Decided 03/18/2009
- Published 03/18/2009
Judges
- Before: HARRY PREGERSON, W. FLETCHER and MARSHA S. BERZON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Sharon Louise Browne, Pacific Legal Foundation, Arthur B. Mark, III, Trainor Fairbrook, Sacramento, CA, for the appellants.
- For Appellees:
- Tovah Calderon, Linda F. Thome, Asheesh Agarwal, U.S. Department of Justice, Civil Rights Division, Washington, DC, Dennis John Dimsey, U.S. Department of Justice, Civil Rights Division, Washington, DC, Thomas C. Stahl, Office of the U.S. Attorney, San Diego, CA, for the appellees.