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SCHWEIKER v. GRAY PANTHERS

No. 80-756.

453 U.S. 34 (1981)

SCHWEIKER, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. GRAY PANTHERS.

Supreme Court of United States.

Decided June 25, 1981.

Attorney(s) appearing for the Case

George W. Jones argued the cause pro hac vice for petitioners. With him on the briefs were Solicitor General McCree. Deputy Solicitor General Geller, and Robert P. Jaye.

Gill Deford argued the cause for respondent. With him on the brief were Neal S. Dudovitz and Toby S. Edelman.*

Peter L. Cassady, William E. Marple. and Thomas W. Jordan, Jr., filed a brief for John H. Foard et al. as amici curiae urging affirmance.

JUSTICE POWELL delivered the opinion of the Court.

The Medicaid program provides federal funds to States that pay for medical treatment for the poor. An individual's entitlement to Medicaid benefits depends on the financial resources "available" to him. Some States determine eligibility by assuming—"deeming"—that a portion of the spouse's income is "available" to the applicant. "Deeming" thus has the effect of reducing both the number of eligible individuals...

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