CALIFANO v. AZNAVORIAN

No. 77-991.

439 U.S. 170 (1978)

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

Supreme Court of United States.

Decided December 11, 1978.


Attorney(s) appearing for the Case

Peter Buscemi argued the cause pro hac vice for petitioner in No. 77-991 and respondent in No. 77-5999. With him on the briefs were Solicitor General McCree, Assistant Attorney General Babcock, Deputy Solicitor General Easterbrook, and William Kanter.

Peter Anthony Schey argued the cause for respondent in No. 77-991 and petitioner in No. 77-5999. With him on the brief were Victor Benjamin Harris, Ralph Santiago Abascal, Charles Wolfinger, Phillip M. Gassel, and Richard Paez.


MR. JUSTICE STEWART delivered the opinion of the Court.

In 1972 Congress enacted the Supplemental Security Income program to aid the needy aged, blind, and disabled. The legislation creating the program provided that benefits are not to be paid for any month that the recipient spends entirely outside of the United States. The primary issue in the present litigation is whether this restriction is a constitutionally impermissible burden on the asserted right of international...

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