National Association of Chain v. Arnold Schwarzenegger
Opinion
Opinion
MEMORANDUM
Appellants are not entitled to a preliminary injunction because the balance of equities and considerations of public interest weigh in the appellees’ favor. The injunction that the appellants seek would require California to recalibrate its established reimbursement formula to counteract the effect of the reduction in AWPs. This, in turn, would compel California to bear the administrative burdens associated with amending its state Medicaid plan. See 42 C.F.R. §§ 430.12-20 . The state should not be required to take on such burdens before the district court has finally resolved the merits of the appellants’ claims. Thus, regardless of the appellants’ likelihood of success on the merits of their claims, they are not entitled to the preliminary injunction that they seek. Cf. Winter v. Natural Res. Def. Council, Inc., — U.S. -, 129 S.Ct. 365, 376 , 172 L.Ed.2d 249 (2008) (holding that a preliminary injunction that interfered with the Navy’s ability to conduct effective, realistic training exercises was an abuse of discretion regardless of the plaintiffs’ showing of irreparable injury and likelihood of success on the merits).