Legal Opinion
Colwell v. Department of Health and Human Services
Court of Appeals for the Ninth Circuit
Decided March 18, 2009No. 05-55450PublishedCited by 143 opinions
1Opinion of the Court
OPINION
WILLIAM A. FLETCHER, Circuit Judge:
Plaintiffs-Appellants bring a pre-en-forcement challenge to Policy Guidance issued by the Department of Health and Human Services (“HHS”) in August 2008 (“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 by those funds. The district court dismissed Plaintiffs’ suit under Federal Rule of Civil Procedure 12(b)(1), holding under Article III that…
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3Cited by143 opinions
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