Legal Opinion

Norton v. Weinberger

District Court, D. Maryland

Decided September 14, 1973No. Civ. 72-271-BPublishedCited by 18 opinions

1Opinion of the Court

OPINION

BLAIR, District Judge.

Gregory Norton, Jr., on behalf of himself and all others similarly situated, challenges the constitutionality of § 216(h) (3) (C) (ii) of the Social Security Act, 42 U.S.C. § 416(h) (3) (C) (ii) and seeks to restrain its enforcement. This three judge court has been convened to decide the constitutional question. The case is before the court on cross-motions for summary judgment, the essential facts not being in dispute.

To understand the issues involved, it is important at the outset to examine the pertinent statutory framework. 1 Under the Social Security Act, the…

2Cases cited51 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. McGowan v. MarylandSupreme Court of the United States · 1961
  4. Shapiro v. ThompsonSupreme Court of the United States · 1969
  5. Bolling v. SharpeSupreme Court of the United States · 1954

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3Cited by18 opinions

  1. Mathews v. LucasSupreme Court of the United States · 1976
  2. Norton Ex Rel. Chiles v. MathewsSupreme Court of the United States · 1976
  3. Jimenez v. WeinbergerCourt of Appeals for the Seventh Circuit · 1975
  4. Devlin Adams, by Rossini Adams, His Parent and Natural Guardian v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1975
  5. Indiana High School Athletic Ass'n v. Raike Ex Rel. MinnemanIndiana Court of Appeals · 1975

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