SALAZAR EX REL. SALAZAR v. DISTRICT OF COLUMBIA

No. 10-7106.

671 F.3d 1258 (2012)

Oscar SALAZAR, by his Parents and next Friends, Adela and Oscar SALAZAR, et al., Appellees, v. DISTRICT OF COLUMBIA, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2012.


Attorney(s) appearing for the Case

Richard S. Love , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellants. With him on the briefs were Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General. Robert C. Utiger , Attorney, entered an appearance.

Kathleen L. Millian argued the cause for appellees. With her on the brief were Bruce J. Terris and Jane M. Liu . Lynn E. Cunningham , Martha J. Perkins , and Paula D. Scott entered appearances.

Before: ROGERS, GARLAND, and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Since 1993, a consent decree has governed how the District of Columbia provides "early and periodic screening, diagnostic, and treatment services" under the Medicaid Act. The District has now asked the district court to vacate that decree on two grounds: that an intervening Supreme Court decision has made clear that the plaintiffs lack a private right of action to enforce the Medicaid...

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