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BLANKENSHIP v. SCHWEIKER

Nos. 82-5130, 82-5204.

722 F.2d 1282 (1983)

Sammie Gail BLANKENSHIP, et al. and Georgia Finch, et al., Plaintiffs-Appellees, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1983.

Attorney(s) appearing for the Case

Ronald E. Meredith, U.S. Atty., Louisville, Ky., Michael F. Spalding, Asst. U.S. Atty., Verrell L. Dethloff, Jr., Baltimore, Md., for defendant-appellant.

Barry L. Master [Lead Counsel], Legal Aid Soc. of Louisville, Louisville, Ky., Brian P. Lawlor, Henry Freedman argued, Alan H. Kleinman, Center on Social Welfare Policy, New York City, for plaintiffs-appellees.

Before EDWARDS and JONES, Circuit Judges and HOGAN, Senior District Judge.

PER CURIAM.

This is an important case involving interpretation of the related powers of the administrative, legislative and judicial branches of government under the Constitution of the United States. In such a case, history suggests the utmost of caution on the part of all three branches in asserting potentially conflicting powers.

In its first appearance in this court, we reviewed a decision of the U.S. District Court for the Western District of Kentucky...

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