Dowling

The appellants, Margaret Dowling and Vernon Cox, individually and on behalf of two certified subclasses of plaintiffs — recipients and beneficiaries of California’s Medicaid program, Medi-Cal (hereinafter “the Dowling Medicaid class”), and recipients and providers of In-Home Support Services (hereinafter “the Dowling IHSS class”) — and intervenors Service Employees International Union, Local 434, AFL-CIO (hereinafter “Service Employees”), appeal the judgment of the district court denying their respective motions for summary judgment and granting summary judgment in favor of appellees, Gray Davis, Controller of the State of California, the California Department of Social Services, and various California officials (hereinafter “the State”).

*447 The class action seeking declaratory judgment and injunctive relief against the State was initiated by Dowling, a paraplegic, and Cox, a quadriplegic, in July 1990, after the State of California delayed paying Medi-Cal and In-Home Support Services (“IHSS”) claims, because of the failure of the California legislature to adopt a timely state budget. Before the legislators adopted a Budget Act in late July 1990, visiting District Court Judge…