California Department of Social Services v. Leavitt

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 See 42 U.S.C. § 672. We remanded to the district court to implement what we held to be the proper interpretation of the statute. The district court subsequently issued an injunction against HHS and the…