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LUKHARD v. REED

No. 85-1358.

481 U.S. 368 (1987)

LUKHARD, COMMISSIONER, VIRGINIA DEPARTMENT OF SOCIAL SERVICES v. REED ET AL.

Supreme Court of United States.

Decided April 22, 1987

Attorney(s) appearing for the Case

Thomas J. Czelusta, Assistant Attorney General of Virginia, argued the cause for petitioner. With him on the briefs were Mary Sue Terry, Attorney General, R. Claire Guthrie, Deputy Attorney General, and John A. Rupp, Senior Assistant Attorney General.

Glen D. Nager argued the cause pro hac vice for the Secretary of Health and Human Services, as respondent under this Court's Rule 19.6, in support of petitioner. With him on the brief were Solicitor General Fried, Assistant Attorney General Willard, Deputy Solicitor General Wallace, and Marleigh D. Dover.

Jill A. Hanken argued the cause for respondents. With her on the brief were Martin Wegbreit and Claire Curry.*

JUSTICE SCALIA announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE STEVENS join.

In this case, the United States Court of Appeals for the Fourth Circuit held that a state social-services agency could not lawfully treat personal injury awards as income when determining the eligibility of families seeking Aid to Families with Dependent Children (AFDC) benefits...

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