Legal Opinion

Rush v. Smith

Court of Appeals for the Second Circuit

Decided January 19, 1978No. 523, Docket 77-7518PublishedCited by 8 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

This appeal from an order of Judge Stewart in the District Court for the Southern District of New York, raises the question how far the Social Security Act (the Act), 42 U.S.C. § 601, et seq.,1 preempts the City and State of New York from combatting fraud by recipients of Aid for Dependent Children (AFDC) benefits.

The Supreme Court has described the AFDC program as a “scheme of cooperative federalism,” Jefferson v. Hackney, 406 U.S. 535, 542, 92 S.Ct. 1724, 32 L.Ed.2d 285 (1972); see Batterton v. Francis, 432 U.S. 416, 97 S.Ct. 2399, 53 L.Ed.2d 448 (1977). As is now…

2Cases cited14 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. King v. SmithSupreme Court of the United States · 1968
  3. Batterton v. FrancisSupreme Court of the United States · 1977
  4. Jefferson v. HackneySupreme Court of the United States · 1972
  5. New York State Department of Social Services v. DublinoSupreme Court of the United States · 1973

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Simpson v. MillerDistrict Court, N.D. Illinois · 1982
  2. Rush v. SmithCourt of Appeals for the Second Circuit · 1978
  3. 15,844 WELFARE RECIPIENTS v. KingDistrict Court, D. Massachusetts · 1979
  4. Davis v. ReaganDistrict Court, S.D. Iowa · 1980
  5. Armstrong v. CandonDistrict Court, D. Vermont · 1978

3 more not listed; retrieve them via the Exa API.

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