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ROSIE D. EX REL. JOHN D. v. SWIFT

No. 02-1604.

310 F.3d 230 (2002)

ROSIE D., by her parents, JOHN and Debra D., et al., Plaintiffs, Appellees, v. Jane M. SWIFT, acting Governor, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 7, 2002.

Attorney(s) appearing for the Case

Deirdre Roney, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellants.

Steven J. Schwartz, with whom Cathy E. Costanzo, Center for Public Representation, James C. Burling, Sara J. Shanahan, John S. Rhee, Hale and Dorr, LLP, Frank Laski, and Mental Health Legal Advisors were on brief, for appellees.

Steven A. Hitov and Victoria Pulos on brief for National Health Law Program, National Alliance for the Mentally Ill, National Mental Health Ass'n, National Ass'n of Protection and Advocacy Systems, Mass. Law Reform Institute, Western Mass. Legal Services, and the Judge David L. Bazelon Center for Mental Health Law, amici curiae.

Before SELYA, Circuit Judge, COFFIN and B. FLETCHER, Senior Circuit Judges.

SELYA, Circuit Judge.

In recent years, the Supreme Court has redefined the calculus of federalism, tilting the scales more and more toward states' rights. This appeal represents an attempt by the named defendants — a complement of Massachusetts officials, including the governor, two cabinet officers, and the Commissioner of the Division of Medical Assistance — to capitalize upon that trend. As we explain below...

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