New Jersey Welfare Rights Organization v. Cahill
| Decision Date | 28 September 1971 |
| Docket Number | No. 71-1669.,71-1669. |
| Citation | 448 F.2d 1247 |
| Parties | NEW JERSEY WELFARE RIGHTS ORGANIZATION et al., Appellants, v. William T. CAHILL, in his capacity as Governor and Chief Executive Officer of the State of New Jersey, et al. |
| Court | U.S. Court of Appeals — Third Circuit |
Michael C. Parks, Newark-Essex Joint Law Reform Project, Newark, N. J., for appellants.
Stephen Skillman, Asst. Atty. Gen., Division of Law, Trenton, N. J., (George F. Kugler, Jr., Atty. Gen. of New Jersey, Trenton, N. J., Alfred L. Nardelli, Deputy Atty. Gen., on the brief), for appellees.
Before STALEY, ADAMS, and ROSENN, Circuit Judges.
Plaintiffs initiated this suit as a class action in the District Court for the District of New Jersey alleging, inter alia, that the consolidated schedules of payments to New Jersey welfare recipients under the federally-funded Aid to Families with Dependent Children Program removed certain items from New Jersey's standard of need in direct violation of 42 U.S.C. § 602(a) (23), as interpreted by the Supreme Court in Rosado v. Wyman, 397 U.S. 397, 90 S.Ct. 1207, 25 L.Ed.2d 442 (1970). They also aver that the New Jersey statute which created the wholly state-funded Aid to Families of the Working Poor Program, New Jersey P.L. 1971, c. 209, violated the equal protection clause of the Fourteenth Amendment by discriminating invidiously and without any rational basis against illegitimate children.
On June 15, 1971, the day the complaint was filed, an order to show cause why a preliminary injunction should not issue was granted on the defendant state officials, returnable June 28, 1971. The next day, plaintiffs filed a motion for leave to take the deposition of Mrs. Mollie P. Hallowell, an employee of the Division of Public Welfare of the Department of Institutions and Agencies of the State of New Jersey, that motion was granted. Similar motions made by plaintiffs during the following week were denied.
On June 28, 1971, the defendants served a motion to dismiss the complaint on several grounds, or in the alternative for summary judgment. A hearing on the preliminary injunction commenced the following day and ended after testimony had been taken over a period of four days. The district court entered an order dismissing the complaint and filed an opinion on July 8, 1971, in support thereof. Plaintiffs have appealed to this Court from that dismissal.
Because the record is unclear...
To continue reading
Request your trial
-
Serritella v. Engelman
...that such a jurisdictional grant was proper, lower federal courts have not been as reticent to do so. See New Jersey Welfare Rights Organization v. Cahill, 448 F.2d 1247 (3 Cir. 1971); Almenares v. Wyman, 453 F.2d 1075 (2 Cir. 1971), cert. denied, 405 U.S. 944, 92 S.Ct. 962, 30 L.Ed.2d 815 ......
-
New Jersey Welfare Rights Organization v. Cahill
...and was dismissed by a single District Judge after a hearing of four days. Appeal was then taken to the Third Circuit Court of Appeals, 448 F.2d 1247, which remanded the case to the District Court with instructions that a three-judge court be convened pursuant to 28 U.S.C. §§ 2281, 2284, to......
-
New Jersey Welfare Rights Organization v. Cahill, 72-2077.
...to 28 U.S.C. §§ 2281, 2284, because those counts presented a substantial constitutional question. New Jersey Welfare Rights Organization v. Cahill, 448 F.2d 1247 (3d Cir. 1971). On this appeal, the state argues that federal jurisdiction is lacking in the instant suit. Because pendent jurisd......
-
New Jersey Welfare Rights Organization v. Cahill 8212 6258
...substantial constitutional claim had been presented and therefore remanded the case with directions to convene a three-judge court. 448 F.2d 1247, 1248 (1971). ...