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BREAKING NEWS:

US 9^TH CIRCUIT COURT OF APPEALS RULES AGAINST SCHWARZENEGGER ADMINISTRATION ON IHSS WORKER WAGE LAWSUIT

UPHOLDS LOWER FEDERAL COURT’S INJUNCTION THAT BLOCKED REDUCTION OF STATE PARTICIPATION OF IHSS WAGE

SACRAMENTO, CALIF (CDCAN) [Updated 03/03/2010  11:40 AM  (Pacific Time)] -   The US 9^th Circuit Court of Appeals today issued a decision that ruled against the Schwarzenegger Adminstration and upheld Federal District Court Judge Claudia Wilken’s injunction that has blocked – since June 2009 – the reduction in the State’s participation toward In-Home Supportive Services worker wages.  The 9^th Circuit Court decision means the injunction – the court order that has blocked the cut from being implemented – remains in place.The court’s concluded in its 21 page opinion that:

“The district court properly determined that Section 30(A) of the [federal] Medicaid Act applies to the State’s enactment of California Welfare & Institutions Code Section 12306.1(d)(6). The district court correctly held that Plaintiffs demonstrated a likelihood of success on the merits of their Supremacy Clause claim, and did not abuse its discretion in holding that the balance of hardships tips sharply in Plaintiffs’ favor. Accordingly, we affirm the district court’s order granting the motion for a preliminary injunction.”

A copy of the 21 page opinion, in the case Dominguez, et al  v. Schwarzenegger, et al (formerly Martinez v. Schwarzenegger, et al),  case number 09-16359 (original lawsuit in federal district court case number CV-02306-CW), written by 9^th Circuit Court Judge Milan D. Smith, Jr., is attached to this CDCAN Report and also can be viewed or downloaded from the CDCAN website at www.cdcan.us  The 21 page pdf file attachment – which can be “read” using reader devices – is titled “CDCAN-9thCircuitCourtDecisionMarch03201.pdf”  [Note: The file can also be downloaded from the bottom of this report.]

The decision is a setback to the Schwarzenegger Administration, which on Monday won a ruling from the California State Court of Appeals on the issue of the Governor’s line item vetoes, which that court declared was constitutional.  The State could decide to appeal the 9^th Circuit Court’s ruling to the US Supreme Court – the final court that the Schwarzenegger Administration has left to appeal.

Other appeals relating to In-Home Supportive Services and other reductions to health and human services filed in federal court – including narrowing of eligibility using “functional index score” assessment tools, are still pending appeal.

More details later today.