Kentucky ex rel. Cabinet for Human Resources v. United States

MEMORANDUM OF DECISION

HARKINS, Senior Judge.

Plaintiff, Commonwealth of Kentucky, claims $57,348 disallowed as a necessary expenditure in the Child Support Enforcement Program of the Department of Health and Human Services (HHS). Social Security Act, Subchapter IV — Part D, codified at 42 U.S.C. §§ 651-67 (Supp. III, 1985). During oral argument on January 19,1989, on defendant’s motion for summary judgment, the question of this court’s jurisdiction under the Tucker Act (28 U.S.C. § 1491(a)(1) (1982)) was explored in the light of the decision in Bowen v. Massachusetts, 487 U.S.-, 108 S.Ct.…