In June 2009, a Magistrate Judge recommended that the suit be allowed to proceed as a class action, on behalf of not only the Law Center’s clients but also all children either enrolled in Medicaid or eligible for Medicaid. As of 2011, the class includes nearly two million children.

Florida state officials argued that the proposed class was too broad and faced different types of problems, and that a lawsuit on behalf of the class therefore could not successfully address the violations alleged in the complaint. The Court disagreed, finding that the breadth of the harms alleged in the lawsuit would require relief for all.