Exceptional Child Center, Inc. v. Richard Armstrong; Leslie Clement

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EXCEPTIONAL CHILD CENTER, INC.;
INCLUSION, INC.; TOMORROW’S
HOPE SATELLITE SERVICES, INC.;
WDB, INC.; LIVING INDEPENDENTLY
FOR EVERYONE, INC.,
Plaintiffs-Appellees,
v.
RICHARD ARMSTRONG; LESLIE
CLEMENT,
Defendants-Appellants.
No. 12-35382
D.C. No.
1:09-cv-00634-
BLW
ORDER AND
AMENDED
ORDER
On Remand From The United States Supreme Court
Filed May 14, 2015
Amended June 5, 2015
Before: Richard C. Tallman and Carlos T. Bea, Circuit
Judges, and Stephen Joseph Murphy,* District Judge.
* The Honorable Stephen Joseph Murphy III, United States District
Judge for the Eastern District of Michigan, sitting by designation.

-- 1 of 2 --

EXCEPTIONAL CHILD CTR. V. ARMSTRONG 2
ORDER
The Idaho Attorney General’s Petition for Panel
Rehearing is GRANTED. The order filed on May 14, 2015,
is withdrawn and replaced with the accompanying amended
order. The Petition for Rehearing En Banc is therefore
DENIED as moot.
IT IS SO ORDERED.
AMENDED ORDER
The original decision entered by this court, reported at
567 F. App’x 496, was reversed by the Supreme Court of the
United States. The Court held that the Supremacy Clause
does not provide an implied private right of action and that
Medicaid providers do not otherwise have the ability to
proceed in equity for enforcement of § 30(A) of the Medicaid
Act. See Armstrong v. Exceptional Child Ctr., Inc., 135 S. Ct.
1378 (2015). Accordingly, the Supreme Court has now
specifically addressed the question our court had previously
addressed, and the opinion upon which we relied, Indep.
Living Ctr. of S. Cal. v. Shewry, 543 F.3d 1050 (9th Cir.
2008), is no longer valid and is overruled. See Miller v.
Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc). In
accordance with the Supreme Court’s opinion, we vacate the
district court’s injunction, and remand with direction to the
district court to dismiss the Complaint under Federal Rule of
Civil Procedure 12(b)(6) for failure to state a claim upon
which relief can be granted.
REVERSED and REMANDED.

-- 2 of 2 --