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HERWEG v. RAY

No. 80-60.

455 U.S. 265 (1982)

HERWEG ET VIR v. RAY, GOVERNOR OF IOWA, ET AL.

Supreme Court of United States.

Decided February 23, 1982

Attorney(s) appearing for the Case

Neal S. Dudovitz argued the cause for petitioners. With him on the briefs were Christine M. Luzzie and Gill Deford.

Brent R. Appel, First Assistant Attorney General of Iowa, argued the cause for respondents. With him on the brief were Thomas J. Miller, Attorney General, John Black, Special Assistant Attorney General, and Stephen C. Robinson, Assistant Attorney General.*

JUSTICE REHNQUIST delivered the opinion of the Court.

Last Term in Schweiker v. Gray Panthers, 453 U.S. 34, 49-50 (1981), we upheld the validity of federal Medicaid regulations that permit "deeming" of income between spouses in those States that have exercised the so-called "§ 209(b) option" provided for in the Social Security Act, 79 Stat. 343, as amended, 42 U. S. C. &...

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