Gloria Siemens v. Bob S. Bergland, Secretary of the United States Department of Agriculture

J. BLAINE ANDERSON, Circuit Judge:

Appellees, recipients of food stamps, brought this class action for declaratory judgment and an injunction against the Secretary of Agriculture. The district court granted appellees’ motion for summary judgment and enjoined the Secretary from enforcement of 7 C.F.R. 271.3(c)(1). The Secretary then moved to vacate the injunction on the basis of amendments to the Food Stamp Act of 1977. This motion was denied. The Secretary appeals.

Under the Food Stamp Act certain low-income households are eligible to purchase food coupons at a price which is determined by the…