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FLEMMING v. NESTOR

No. 54.

363 U.S. 603 (1960)

80 S.Ct. 1367

4 L.Ed.2d 1435

FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. NESTOR.

Supreme Court of United States.

Decided June 20, 1960.

Attorney(s) appearing for the Case

John F. Davis argued the cause for appellant. On the brief were Solicitor General Rankin, Assistant Attorney General Yeagley and Kevin T. Maroney.

David Rein argued the cause for appellee. With him on the brief was Joseph Forer.

MR. JUSTICE HARLAN delivered the opinion of the Court.

From a decision of the District Court for the District of Columbia holding § 202 (n) of the Social Security Act (68 Stat. 1083, as amended, 42 U. S. C. § 402 (n)) unconstitutional, the Secretary of Health, Education, and Welfare takes this direct appeal pursuant to 28 U. S. C. § 1252. The challenged section, set forth in full in the margin,1 provides for the termination...

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