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HODGES v. THOMPSON

No. 00-2512.

311 F.3d 316 (2002)

Jim HODGES, in his official capacity as Governor of the State of South Carolina; Jean Hoefer Toal, in her official capacity as Chief Justice of South Carolina; South Carolina Department of Social Services; State of South Carolina; People of SC, on Behalf of the State of South Carolina; John Doe; Jane Doe, and those similarly situated, Plaintiffs-Appellants, v. Tommy G. THOMPSON, Secretary, United States Department of Health and Human Services; Wade F. Horn, Ph.D. in his official capacity as Assistant Secretary of the United States Department of Health and Human Services for Children and Families; U.S. Department of Health & Human Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 15, 2002.

Attorney(s) appearing for the Case

ARGUED: Marcus Angelo Manos, Nexsen, Pruet, Jacobs & Pollard, L.L.C., Columbia, South Carolina, for Appellants. Gregory George Katsas, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Wilburn Brewer, Jr., Nexsen, Pruet, Jacobs & Pollard, L.L.C., Columbia, South Carolina; A.E. Dick Howard, Charlottesville, Virginia, for Appellants. Stuart E. Schiffer, Acting Assistant Attorney General, Scott N. Schools, United States Attorney, Jacob M. Lewis, Peter J. Smith, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by published PER CURIAM opinion.

OPINION

PER CURIAM.

The Governor of South Carolina appeals the grant of summary judgment to the Secretary of the United States Department of Health and Human Services in the State's action seeking injunctive and declaratory relief from conditions imposed for federal funding of the Temporary Assistance to Needy Families (TANF) program.

South Carolina challenges the district court finding that Congress...

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