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ROSADO v. WYMAN

No. 540.

397 U.S. 397 (1970)

ROSADO ET AL. v. WYMAN, COMMISSIONER OF SOCIAL SERVICES OF NEW YORK, ET AL.

Supreme Court of United States.

Decided April 6, 1970

Attorney(s) appearing for the Case

Lee A. Albert argued the cause for petitioners. With him on the brief were Carl Rachlin and Martin Garbus.

Philip Weinberg argued the cause for respondents. With him on the brief were Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Amy Juviler, Assistant Attorney General.

Briefs of amici curiae urging reversal were filed by Alan H. Levine, Melvin L. Wulf, Eleanor Holmes Norton, and Martin M. Berger for the New York Civil Liberties Union et al.; by Karl D. Zukerman, Dorothy Coyle, and Mildred Shanley for the Catholic Charities of the Archdiocese of New York et al.; and by Floyd Sarisohn for People for Adequate Welfare.

Briefs of amici curiae were filed by Solicitor General Griswold, Assistant Attorney General Ruckelshaus, and Peter L. Strauss for the United States, and by Theodore L. Sendak, Attorney General, and Robert A. Zaban, Deputy Attorney General, for the State of Indiana.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The present controversy, which involves the compatibility of the New York Social Services Law (c. 184, L. 1969) with § 402 (a) (23) of the Social Security Act of 1935, as amended, 81 Stat. 898, 42 U. S. C. § 602 (a) (23) (1964 ed., Supp. IV), arises out of a pendent claim originally included in petitioners' complaint bringing a class action challenging § 131-a of the same New York statute as violative...

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