CALIFANO v. JOBST

No. 76-860.

434 U.S. 47 (1977)

CALIFANO, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. JOBST.

Supreme Court of United States.

Decided November 8, 1977.


Attorney(s) appearing for the Case

Stephen L. Urbanczyk argued the cause pro hac vice for appellant. With him on the brief were Solicitor General McCree, Assistant Attorney General Babcock, and William Kanter.

J. D. Riffel argued the cause and filed a brief for appellee.


MR. JUSTICE STEVENS delivered the opinion of the Court.

The question presented is whether Congress has the power to require that a dependent child's social security benefits terminate upon marriage even though his spouse is permanently disabled. Answering that question in the negative, the District Court held that 42 U. S. C. §§ 402 (d) (1) (D) and 402 (d) (5) deprive appellee of property without due process of law...

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