The DHHS had issued guidance entitled “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.” Several individual physicians and professional associations sought to enjoin the Guidance, but a federal district court ruled that the Guidance had not cause sufficient damage or injury nor threatened future damage or injury sufficient to make the case ripe for decision. The mere fact that the Guidance Document is not aligned with the organizations advocacy an litigation goals does not constitute a concrete and particularized injury or create a Article III case here. View the guidance on the DHHS Web site.
Colwell v. HHS, S.D. Cal. No. 04CV1748, 3/7/05.