C.K., on Her Own Behalf and as Guardian ad litem for Her Baby S.B. and Her Daughter J.M.; L.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 Boy 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 for Her Daughter A.P. and Her Son A.R., on Behalf of Themselves and All Others Similarly Situated, Appellants,
v.
NEW JERSEY DEPARTMENT OF HEALTH AND HUMAN SERVICES; William Waldman, Commissioner, New Jersey Dept. of Human Services, in His Official Capacity; Donna Shalala, Secretary, United States Department of Health and Human Services; and The United States Department of Health and Human Services.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 10, 1996.
Decided August 9, 1996.
Attorney(s) appearing for the Case
Lawrence S. Lustberg, Jonathan Romberg, Lenora M. Lapidus on behalf of ACLU-NJ, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Martha F. Davis (argued), Deborah A. Ellis, NOW Legal Defense & Education Fund, New York City, Melville D. Miller, Jr., President, David G. Sciarra, Legal Services of New Jersey, Inc., Edison, NJ, for Appellants.
Joseph L. Yannotti, Assistant Attorney General, of counsel, Dennis J. Conklin (argued), Senior Deputy Attorney General, Michael J. Haas, Senior Deputy Attorney General, Todd A. Wigder, Deputy Attorney General, Deborah T. Poritz, Attorney General of New Jersey, Richard J. Hughes, Trenton, NJ, for Appellees New Jersey Department of Human Services and William Waldman, Commissioner.
John F. Daly (argued), Mark B. Stern, Attorneys, Civil Division, Department of Justice, Faith S. Hochberg, United States Attorney, Frank W. Hunger, Assistant Attorney General, Civil Division, Department of Justice, Washington, DC, for Appellees United States Department of Health and Human Services and Donna Shalala, Secretary.
Shirley Brandman, Kathleen Sullivan, The Jerome N. Frank Legal Services Organization, New Haven, CT, Lucy Williams, Boston, MA, for Amici-Curiae Puerto Rican Legal Defense and Education Fund, Society of American Law Teachers, and Wider Opportunities for Women.
David A. Price, Daniel J. Popeo, Washington Legal Foundation, Washington, D.C., for Amicus-Curiae Washington Legal Foundation.
Rand E. Rosenblatt, Camden, NJ, for Amici-Curiae Members & Staff of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research.
Nadine Taub, Women's Rights Litigation Clinic, Newark, NJ, Judith L. Lichtman, Joan Entmacher, Susannah Baruch, Women's Legal Defense Fund, Washington, D.C., for Amici-Curiae Women's Legal Defense Fund; Advocates for Youth; American Association of University Women; Catholics for a Free Choice; Center for Reproductive Law & Policy; Feminist Majority Foundation; National Abortion & Reproductive Rights Action League; National Council of Jewish Women, Inc.; National Council of Negro Women, Inc.; National Family Planning & Reproductive Health Association; National Women's Law Center; ProChoice Resource Center, Inc.; Religious Coalition for Reproductive Choice; Right to Choose of New Jersey; and Union of Needletrades, Industrial and Textile Employees, AFL-CIO.
William H. Mellor, III, Clint Bolick, Dana Berliner, Washington, DC, for Amici-Curiae The American Legislative Exchange Council; The Empowerment Network Foundation; The Independent Women's Forum; Bethsai Townsend; Tomikka Simmons; and Nicole Green.
Evan A. Davis, Marcia L. Narine, Yves P. Denize, Cleary, Gottlieb, Steen & Hamilton, New York City, for Amici-Curiae Association for Children of New Jersey; The National Organization for Women (NOW-NJ); American Friends Service Committee; The Lutheran Office of Governmental Ministry in New Jersey; The National Association of Social Workers, Inc.; The Child Care Law Center; The Child Welfare League of America; The Food Research and Action Center; and The National Association of Child Advocates.
William H. Hurd, Deputy Attorney General, David E. Anderson, Chief Deputy Attorney General, Craig M. Burshem, Assistant Attorney General, Siran S. Faulders, Senior Assistant Attorney General, James S. Gilmore, III, Attorney General of the Commonwealth of Virginia, Richmond, VA, for Amici-Curiae The Commonwealth of Virginia and The States of Alabama, Arizona, California, New York, South Carolina, and Wisconsin.
Before: STAPLETON, GREENBERG, and ALDISERT, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
Appellants, residents of New Jersey who currently receive welfare funding through the Aid to Families with Dependent Children ("AFDC") program,1 challenge the exercise by the Secretary of Health and Human Services ("HHS") of her authority pursuant to section 1115 of the Social Security Act, 42 U.S.C. § 1315(a) ("section 1315(a)"), which permits her to waive requirements for...
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