ARIZONA v. THOMPSON

No. 01-5013.

281 F.3d 248 (2002)

State of ARIZONA, et al., Appellants, v. Tommy G. THOMPSON, Secretary of Health and Human Services and Dennis P. Williams, Acting Assistant Secretary for Management and Budget, U.S. Department of Health and Human Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 2002.


Attorney(s) appearing for the Case

Charles A. Miller argued the cause and filed the briefs for appellants. Phyllis D. Thompson entered an appearance.

Anne Murphy, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Scott R. McIntosh, Attorney.

Before: EDWARDS, HENDERSON, and GARLAND, Circuit Judges.


GARLAND, Circuit Judge:

Six states seek review of a directive of the Department of Health and Human Services (HHS) that bars them from using Temporary Assistance for Needy Families (TANF) grants to pay for the common costs of administering the TANF, Medicaid, and Food Stamp programs. We conclude that HHS erroneously determined that it was without discretion to permit those expenditures.

I

Prior to 1996, three important federal programs provided assistance...

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