Margaret Dowling and Vernon Cox, on Behalf of Themselves and the Medicaid Class and In-Home Supportive Class v. Gray Davis, Controller of the State of California and Thomas W. Hayes, Treasurer of the State of California Kenneth Kizer, Director of Department of Health Services, State of California Linda McMahon Director of Department of Social Services, State of California and Department of Social Services, State of California, Margaret Dowling, and Service Employees International Union, Local 434, Afl-Cio, Intervenors-Appellants v. Gray Davis, Controller of the State of California and Thomas W. Hayes, Treasurer of the State of California Kenneth Kizer, Director of Department of Health Services, State of California Linda McMahon Director of Department of Social Services, State of California and Department of Social Services, State of California

19 F.3d 445 62 USLW 2639 , 44 Soc.Sec.Rep.Ser. 60, Medicare&Medicaid Guide P 42,171 Margaret DOWLING and Vernon Cox, on behalf of themselves and the Medicaid Class and In-Home Supportive Class, Plaintiffs-Appellants, v. Gray DAVIS, Controller of the State of California; and Thomas W. Hayes, Treasurer of the State of California; Kenneth Kizer, Director of Department of Health Services, State of California; Linda McMahon, Director of Department of Social Services, State of California; and Department of Social Services, State of California, Defendants-Appellees. Margaret DOWLING, et al., Plaintiffs, and Service Employees International Union, Local 434, AFL-CIO, et al., Intervenors-Appellants, v. Gray DAVIS, Controller of the State of California; and Thomas W. Hayes, Treasurer of the State of California; Kenneth Kizer, Director of Department of Health Services, State of California; Linda McMahon, Director of Department of Social Services, State of California; and Department of Social Services, State of California, Defendants-Appellees. Nos. 92-16393, 92-16439. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1993. Decided March 18, 1994. Grace A.…