Teral Champion v. Donna E. Shalala, Department of Health and Human Services Charles M. Palmer, Director of Iowa Department of Human Services

I respectfully dissent. I would hold that 45 C.F.R. 233.20(a)(3)(i)(B)(2), which limits the automobile exemption for an AFDC recipient to $1,500 ownership interest in an automobile, is arbitrary and capricious in light of the failure by the Health and Human Services Secretary to take into account the effects of inflation since the regulation went into effect in 1982. This view is consistent with decisions reached by three district courts. See Lamberton v. Shalala, 857 F.Supp. 1349 (D.Ariz.1994); Brown v. Shalala, No. C-92-184-L, 1993 WL 742661 (D.N.H. July 21, 1993), appeal filed, No. 93-2369…