Legal Opinion

South Carolina State Education Assistance Authority v. Cavazos

Court of Appeals for the Fourth Circuit

Decided March 7, 1990No. Nos. 89-2975, 89-2978, 89-2976, 89-2982PublishedCited by 3 opinions

1Opinion of the Court

K.K. HALL, Circuit Judge:

These consolidated appeals arise from actions filed by three different state-created agencies against the Secretary of the United States Department of Education (“Secretary”) seeking to have certain portions of the 1987 amendments to the Higher Education Act of 1965 (“the Act”) declared unconstitutional and to enjoin the Secretary from withholding payments to them in accordance with the amendments. In the South Carolina and Maryland cases, the district courts declared that the statutory provisions in question violated the Fifth Amendment’s prohibition against the…

2Cases cited9 opinions

  1. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  2. Lynch v. United StatesSupreme Court of the United States · 1934
  3. Merrion v. Jicarilla Apache TribeSupreme Court of the United States · 1982
  4. Buchanan v. WarleySupreme Court of the United States · 1916
  5. Sinking-Fund CasesSupreme Court of the United States · 1879

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3Cited by3 opinions

  1. Education Assistance Corporation, a South Dakota Corporation v. Lauro F. Cavazos, Secretary of Education of the United StatesCourt of Appeals for the Eighth Circuit · 1990
  2. South Carolina State Education Assistance Authority v. Lauro F. Cavazos, Etc., in His Official Capacity as Secretary, United States Department of Education U.S. Department of Education, National Council of Higher Education Loan Programs, Inc. Virginia State Higher Education Assistance Authority, Amici Curiae. South Carolina State Education Assistance Authority v. Lauro F. Cavazos, Secretary of Education U.S. Department of Education, National Council of Higher Education Loan Programs, Inc. Virginia State Education Assistance Authority, Amici Curiae. Maryland Higher Education Loan Corporation, a Nonprofit Maryland Corporation v. Lauro F. Cavazos, Secretary of the United States Department of Education, National Council of Higher Education Loan Programs, Inc. Virginia State Education Assistance Authority, Amici Curiae. State of North Carolina the North Carolina State Education Assistance Authority v. United States of America Lauro F. Cavazos, Secretary of the United States Department of Education U.S. Department of Education, National Council of Higher Education Loan Programs, Inc. Virginia State Education Assistance Authority, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1990
  3. Virginia State Education Assistance Authority v. AlexanderDistrict Court, E.D. Virginia · 1991

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