Wilkes v. Gomez

BEAM, Circuit Judge.

Maria R. Gomez, Commissioner of the Minnesota Department of Human Services (the “Commissioner”), appeals the district court’s order granting summary judgment to *1326the Aid to Families with Dependant Children recipients (the “AFDC Recipients”), and denying the Commissioner’s cross-motion for summary judgment. The district court held that Minnesota Rule 9500.2440, subpart 3, which consolidates nonsibling AFDC recipient children who reside with a single adult caretaker into a single “assistance unit,” violates the “availability principle” embodied in federal AFDC regulations.…