Legal Opinion

Green v. Barnes

Court of Appeals for the Tenth Circuit

Decided October 5, 1973No. 73-1240PublishedCited by 17 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

Mary Lee Green and Tempsie Fisher brought this suit challenging an Oklahoma welfare regulation making them ineligible for public assistance under the State of Oklahoma’s program of Aid for Dependent Children. The trial court enjoined the Oklahoma Public Welfare Commission from enforcing its regulation because it conflicts with the Federal Social Security Act and violates the Supremacy Clause, the Equal Protection and Due Process Clauses of the United States Constitution.

The State regulation, Department of Welfare Manual, 331.12(A), Paragraph 2, reads as follows:

Real…

2Cases cited1 opinion

  1. Wilczynski v. HarderDistrict Court, D. Connecticut · 1971

3Cited by17 opinions

  1. National Welfare Rights Organization v. F. David Mathews, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1976
  2. Joan G. Randall v. Peter GoldmarkCourt of Appeals for the First Circuit · 1974
  3. Delma Usher v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1981
  4. Madgey Jackson v. Richard Schweiker , Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
  5. Dickenson v. PetitDistrict Court, D. Maine · 1982

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