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Maxwell-Jolly v. Independent Living Center

Opposition to Petition for Cert by National Senior Citizens Law Center and Medicaid Defense Fund.

BRIEF IN OPPOSITION

INTRODUCTION

This petition should be denied. The Ninth Circuit

below, in an interlocutory order, judgment and

opinion filed July 11, 2008 (to which the September

17, 2008 Opinion, reprinted by petitioner at Pet. App.

1a-36a, simply “more fully sets forth the rationale,”

id. at 10a), applied settled law to hold that

at 10a), applied settled law to hold that

respondents may maintain a valid cause of action for

injunctive relief to prevent injury from a state law

which is contrary to, and hence preempted under the

Supremacy Clause by, a federal statute.


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