Legal Opinion

Abrams v. Heckler

District Court, S.D. New York

Decided March 14, 1984No. 83 Civ. 4147 (RLC)PublishedCited by 25 opinions

1Opinion of the Court

ROBERT L. CARTER, District Judge.

Plaintiffs, the Attorney General and Superintendent of Insurance of New York, seek a declaration that a final rule of the United States Department of Health and Human Services, 42 C.F.R. § 405.323 (48 Fed.Reg. 14,810), is unlawful, and an injunction barring its enforcement. They allege that the rule is not authorized by § 953 of the Omnibus Budget Reconciliation Act of 1980, 42 U.S.C. § 1395y(b)(l), the statute pursuant to which the rule was enacted. Defendants have moved to dismiss the complaint on the grounds that plaintiffs lack standing and the Court lacks…

2Cases cited38 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  5. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970

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3Cited by25 opinions

  1. United States v. Rhode Island Insurers' Insolvency FundCourt of Appeals for the First Circuit · 1996
  2. Texas v. United StatesDistrict Court, S.D. Texas · 2015
  3. Stieberger v. HecklerDistrict Court, S.D. New York · 1985
  4. Kelley ex rel. Michigan v. United StatesDistrict Court, W.D. Michigan · 1985
  5. United States v. Blue Cross and Blue Shield of MichiganDistrict Court, E.D. Michigan · 1989

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