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BATTERTON v. FRANCIS

No. 75-1181.

432 U.S. 416 (1977)

97 S.Ct. 2399

53 L.Ed.2d 448

BATTERTON, SECRETARY, DEPARTMENT OF HUMAN RESOURCES OF MARYLAND, ET AL. v. FRANCIS ET AL.

Supreme Court of United States.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Joel J. Rabin, Assistant Attorney General of Maryland, argued the cause for petitioners. With him on the brief were Francis B. Burch, Attorney General, George A. Nilson, Deputy Attorney General, and Theodore Losin, Assistant Attorney General.

C. Christopher Brown argued the cause for respondents Francis et al. With him on the brief was Dennis M. Sweeney. Gerard C. Smetana, William H. DuRoss III, Lawrence B. Kraus, and Richard O'Brecht filed briefs for respondent Chamber of Commerce of the United States.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case concerns the validity of 45 CFR § 233.100 (a) (1) (1976),1 a regulation promulgated by the Secretary of Health, Education, and Welfare (HEW) pursuant to a delegation of rulemaking authority in § 407 (a) of the Social Security Act, 42 U. S. C. § 607 (a).2 The issue is whether the regulation...

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