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TOWNSEND v. SWANK

No. 70-5021.

404 U.S. 282 (1971)

TOWNSEND ET AL. v. SWANK, DIRECTOR, DEPARTMENT OF PUBLIC AID OF ILLINOIS, ET AL.

Supreme Court of United States.

Decided December 20, 1971

Attorney(s) appearing for the Case

Michael F. Lefkow argued the cause and filed briefs for appellants in No. 70-5021. M. James Spitzer, Jr., argued the cause pro hac vice for appellants in No. 70-5032. With him on the briefs was Melvin B. Goldberg.

Donald J. Veverka, Assistant Attorney General of Illinois, argued the cause for appellees in both cases. With him on the brief were William J. Scott, Attorney General, and Francis T. Crowe, Bernard Genis, and David E. Bradshaw, Assistant Attorneys General.

Solicitor General Griswold and Richard B. Stone filed a brief for the United States as amicus curiae urging affirmance in both cases.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellants, two college students and their mothers, brought this class action in the District Court for the Northern District of Illinois alleging that § 4-1.1 of the Illinois Public Aid Code, Ill. Rev. Stat., c. 23, § 4-1.1 (1967) and the implementing Illinois Public Aid Regulation 150 violate the Equal Protection Clause of the Fourteenth Amendment, and, because inconsistent with § 406 (a) (2...

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