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COLWELL v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 05-55450.

558 F.3d 1112 (2009)

Clifford W. COLWELL, Jr.; John Brofman; Lynn I. Demarco; Proenglish, a nonprofit organization; The Association of American Physicians & Surgeons, a nonprofit organization, Plaintiffs-Appellants, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES; Michael O. Leavitt Secretary of Dept. of Health and Human Services, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2009.

Attorney(s) appearing for the Case

Sharon Louise Browne, Pacific Legal Foundation, Arthur B. Mark, III, Trainor Fairbrook, Sacramento, CA, for the appellants.

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.

Before: HARRY PREGERSON, W. FLETCHER and MARSHA S. BERZON, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

Plaintiffs-Appellants bring a pre-enforcement challenge to Policy Guidance issued by the Department of Health and Human Services ("HHS") in August 2003 ("2003 Policy Guidance" or "Policy Guidance"). The stated purpose of the Policy Guidance is to clarify the legal obligation of recipients of federal funds to provide meaningful access for individuals with limited English proficiency ("LEP") to programs supported...

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