Association of Bituminous Contractors, Inc. v. Apfel

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellant Association of Bituminous Contractors contends that because its members are not in the “coal industry” as that term is used in the Coal Industry Retiree Health Benefit Act of 1992, the Commissioner of the Social Security Administration may not assign responsibility for coal industry retirees to its member companies. It further claims that “as applied,” the Act violates its members’ Fifth Amendment due process rights. We affirm the district court’s grant of summary judgment in favor of the Commissioner,…