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COMACHO v. TEXAS WORKFORCE COM'N

No. 04-50649.

408 F.3d 229 (2005)

Soila COMACHO; Sonia Denise Grover; Texas Welfare Reform Organization; El Paso County Hospital District, doing business as R.E. Thomason General Hospital, Plaintiffs-Appellees, v. TEXAS WORKFORCE COMMISSION; Texas Health and Human Services Commission; Texas Department of Human Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 29, 2005.

Attorney(s) appearing for the Case

Pieter M. Schenkkan (argued), Mary A. Keeney, Austin, TX, Bruce Patrick Bower, Texas Legal Services Ctr., Austin, TX, for Comacho, Grover and Texas Welfare Reform Organization.

Kitty Schild, Jose R. Rodriguez, El Paso, TX, for El Paso Cty. Hosp. Dist.

William David Iverson (argued), Priti Seksaria Agrawal, Covington & Burling, Washington, DC, Nancy Kathleen Juren, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before KING, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The Texas Workforce Commission ("TWC") redefined the Texas work requirements under the federal-state Temporary Assistance for Needy Families ("TANF") program. The new definition allows the TWC to terminate medical cash assistance to TANF recipients who fail to ensure their children's immunizations, wellness check-ups, school attendance, or who fail to avoid substance abuse. The sole issue in this case is whether these new rules are...

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