Legal Opinion
Joan S. Hester v. Patricia Roberts Harris, Secretary of Health and Human Services
Court of Appeals for the Fifth Circuit
Decided November 19, 1980No. 79-2592PublishedCited by 4 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This appeal challenges the constitutionality of the presumption in the Social Security Act, 42 U.S.C. § 401 et seq., that in a community property state income from a trade or business (other than one conducted by a partnership) is the husband’s income, unless the wife exercises substantially all of the management and control of the business. 42 U.S.C. § 411(a)(5)(A) (§ 211(a)(5)(A) of the Act). We hold, as the Court of Appeals for the First Circuit recently held, that the presumption discriminates against women in violation of the equal protection element of the due…
2Cases cited9 opinions
- Craig v. BorenSupreme Court of the United States · 1976
- Weinberger v. WiesenfeldSupreme Court of the United States · 1975
- Califano v. GoldfarbSupreme Court of the United States · 1977
- Califano v. WestcottSupreme Court of the United States · 1979
- Califano v. WebsterSupreme Court of the United States · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Edwards v. HecklerCourt of Appeals for the Ninth Circuit · 1985
- Edwards v. HecklerCourt of Appeals for the Ninth Circuit · 1985
- Edwards v. HecklerCourt of Appeals for the Ninth Circuit · 1986
- Edwards v. HecklerCourt of Appeals for the Ninth Circuit · 1985