CALIFORNIA DEPT. OF SOCIAL SERVICES v. LEAVITT

No. 06-56136.

523 F.3d 1025 (2008)

State of CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Plaintiff-Appellee, v. Mike LEAVITT, Secretary of Health and Human Services, Defendant-Appellee, v. Enedina Rosales, Plaintiff-Intervenor-Appellant, Larry Buggs; Brenda Buggs; Mary Ellen Deegan; Gloria Jefferson; Shawn Spencer, Movants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2008.


Attorney(s) appearing for the Case

Elliot Silverman (argued), David M. Beckwith, and Catherine Shiang, of McDermott Will & Emery LLP, and Marjorie Shelvy (argued), Yolanda Arias, and Silvia Argueta, of the Legal Aid Foundation of Los Angeles, for plaintiff-intervenor-appellant Enedina Rosales and for the movants-appellants.

Paul Reynaga (argued), Supervising Deputy Attorney General of the State of California, Thomas R. Yanger, Senior Assistant Attorney General of the State of California, and Edmund G. Brown, Jr., Attorney General of the State of California, for plaintiff-appellee State of California Department of Social Services.

Jeffrey A. Clair (argued), Barbara C. Biddle, Attorneys, Civil Division of the United States Department of Justice, McGregor W. Scott, United States Attorney, and Peter D. Keisler, Assistant Attorney General, for defendant-appellee Mike Leavitt, Secretary of Health and Human Services.

Before: DAVID R. THOMPSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges.


BERZON, Circuit Judge:

In State of California Dep't of Soc. Servs. v. Thompson, 321 F.3d 835, 856-57 (9th Cir.2003) (referred to as "Rosales," after intervenor-appellant Enedina Rosales), we rejected a U.S. Department of Health and Human Services ("HHS") interpretation of the statute determining eligibility for the Aid to Families with Dependent Children-Foster Care ("AFDC-FC") program.1...

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