C.K. v. SHALALA

Civ. A. No. 93-5354 (NHP).

883 F.Supp. 991 (1995)

C.K., on her own behalf and as guardian ad litem for her baby S.B., and her daughter J.M.; J.W., on her own behalf and as guardian ad litem for her baby E.W. and her son J.W.; E.P., on her own behalf and as guardian ad litem for her baby I.P. and her son R.P.; E.M., on her own behalf and as guardian ad litem for her baby B.M. and her daughter C.G.; H.K., on her own behalf and as guardian ad litem for her babies T.H., D.H. and D.H. and other sons S.H. and J.H.; E.S. and G.S., on their own behalf and as guardian ad litem for their baby boy B.S., son C.S. and their daughter C.S.; M.M. on her own behalf and as guardian ad litem for her daughter A.P. and her son A.R., on behalf of themselves and all other similarly situated v. Donna SHALALA, Secretary, United States Department of Health and Human Services, in her official capacity; The United States Department of Health and Human Services; New Jersey Department of Health and Human Services; William Waldman, Commissioner, New Jersey Department of Health and Human Services in his official capacity.

United States District Court, D. New Jersey.

May 4, 1995.


Attorney(s) appearing for the Case

Melville D. Miller, Jr., President David G. Sciarra, Legal Services of N.J., Inc., Edison, NJ, Martha F. Davis, Deborah A. Ellis, Now Legal Defense and Educ. Fund, New York City, Lawrence S. Lustberg, Jonathan Romberg, on Behalf of the ACLU-NJ, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for plaintiffs.

Sheila M. Lieber, Margaret H. Plank, U.S. Dept. of Justice, Civ. Div., Washington, DC, Susan C. Cassell, Asst. U.S. Atty., Faith S. Hochberg, U.S. Atty., Newark, NJ, for defendants Donna Shalala, Secretary of U.S. Dept. of Health and Human Services, and U.S. Dept. of Health and Human Services.

Dennis J. Conklin, Sr. Deputy Atty. Gen., Benjamin Clarke, Asst. Atty. Gen., Michael J. Haaas, Sr. Deputy Atty. Gen., Emerald L. Kuepper, Deputy Atty. Gen., Deborah T. Poritz, Atty. Gen. of N.J., Trenton, NJ, for defendants William Waldman, Com'r of Human Services, and State of N.J. Dept. of Human Services.

Daniel J. Popeo, David A. Price, Wash. Legal Foundation, Washington, DC, Peter T. Manzo, Edison, NJ, for amici curiae The Wash. Legal Foundation and The Lincoln Institute for Research and Educ., Inc. in support of defendants' Motion for Summary Judgment.

Anthony J. Tomari, Hannoch Weisman, Roseland, NJ, William H. Mellor, III, Clint Bolick, Dana Berliner, Institute for Justice, Washington, DC, for amici curiae The American Legislative Exchange Council, The Empowerment Network Foundation, The Independent Women's Forum, Bethsai Towshend, Toya Pettey, Nicole Green, Tomikka Simmons and Shantina Delvalle, in support of defendants' Motion for Summary Judgment.

Nadine Taub, Women's Rights Litigation Clinic, Newark, NJ, Maureen E. O'Bryon, Michael L. Whitener, Jeffrey G. Schneider, Laura E. Loeb, Jonathan S. Franklin, Jody Foster, Hogan & Hartson, Washington, DC, Judith L. Lichtman, Joan Entmacher, Joanne L. Hustead, Women's Legal Defense Fund, Washington, DC, for amici curiae The Women's Legal Defense Fund, Advocates for Youth, Catholics for a Free Choice, The Center for Reproductive Law and Policy, Coalition of Labor Union Women, The Fund for the Feminist Majority, Intern. Ladies' Garment Workers' Union, Nat. Abortion and Reproductive Rights Action League, The Nat. Black Women's Health Project, The Nat. Council of Jewish Women, Inc., The Nat. Council of Negro Women, Inc., The Nat. Family Planning and Reproductive Health Ass'n, The Nat. Gay and Lesbian Task Force, The Pro-Choice Resource Center, The Religious Coalition for Reproductive Choice, and Right to Choose in N.J. in support of plaintiffs' Motion for Summary Judgment.

Evan A. Davis, Lynn A. Dummett, Lawrence T. Gresser, Marcia L. Narin, Yves P. Denize, Cleary, Gottlieb, Steen and Hamilton, New York City, for amici curiae Ass'n for Children of N.J., The Nat. Organization for Women (NOW-NJ), American Friends Service Committee, The Lutheran Office of Governmental Ministry in N.J., The Nat. Ass'n of Social Workers, Inc., The Child Care Law Center, The Child Welfare League of America, The Food Research and Action Center, and The Nat. Ass'n of Child Advocates in support of plaintiffs' Motion for Summary Judgment.

Rand E. Rosenblatt, Robert F. Williams, Rutgers University Law School, Camden, NJ, for amici curiae The Nat. Com'n for the Protection of Human Subjects of Biomedical and Behavioral Research, and The President's Com'n for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research in support of plaintiffs' Motion for Summary Judgment.

Richard J. Traynor, Russell J. Passamano, Legal Center for Defense of Life, Inc., Morristown, NJ, for amici curiae N.J. Right to Life Committee, Inc., and Citizens Concerned for Life, Inc. in support of plaintiffs' Motion for Summary Judgment.

Shirley D. Brandman, Kathleen A. Sullivan, The Jerome N. Frank Legal Services Organization, New Haven, CT, Lucy A. Williams, Northeastern University School of Law, Boston, MA, for amici curiae Puerto Rican Legal Defense and Educ. Fund, Society of American Law Teachers, Wider Opportunities for Women, and Women and Poverty Project in support of plaintiffs' Motion for Summary Judgment.


POLITAN, District Judge.

Plaintiffs, residents of New Jersey currently receiving welfare funding via the Aid to Families with Dependent Children ("AFDC") program, challenge the exercise by the Secretary of the United States Department of Health and Human Services ("HHS") of her discretionary authority pursuant to § 1115 of the Social Security Act, 42 U.S.C. § 1315(a), which permits the Secretary to waive state...

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