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NASH v. CALIFANO

No. 556, Docket 79-6180.

613 F.2d 10 (1980)

Simon NASH, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Stanford Ross, Alan K. Campbell, Robert L. Trachtenberg, Philip T. Brown, and Wallace Tannenbaum, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 1980.

Attorney(s) appearing for the Case

Simon Nash, pro se.

Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., Richard J. Arcara, U. S. Atty., Buffalo, N. Y., Robert Kopp, Barbara B. O'Malley, Kenneth J. Barnes, Civil Division, Dept. of Justice, Washington, D. C. (Burton Berkley, Sp. Counsel, Office of Hearings and Appeals, Social Security Administration and Sherry J. Leiwant, Asst. Regional Atty., Dept. of Health, Education and Welfare, Washington, D. C., of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Federal courts must pay scrupulous heed to Article III's limitation of our jurisdiction to actual cases or controversies. This requirement girds our judicial power within its proper sphere, and thereby legitimizes its exercise. Yet the doctrines of standing and justiciability, in which the case or controversy requirement plays an important part, must not be applied so as to deprive litigants of an authoritative resolution of genuine...

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