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BOWEN v. AGENCIES OPPOSED TO SOC. SEC. ENTRAP.

No. 85-521.

477 U.S. 41 (1986)

106 S.Ct. 2390

91 L.Ed.2d 35

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. PUBLIC AGENCIES OPPOSED TO SOCIAL SECURITY ENTRAPMENT ET AL.

Supreme Court of United States.

Decided June 19, 1986

Attorney(s) appearing for the Case

Assistant Attorney General Willard argued the cause for appellants. With him on the briefs were Solicitor General Fried, Deputy Solicitor General Geller, Charles A. Rothfeld, William Kanter, and Douglas Letter.

Andrew D. Hurwitz argued the cause for appellees. Ernest F. Schulzke filed a brief for appellees Public Agencies Opposed to Social Security Entrapment et al. John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Charles C. Kobayashi, Supervising Deputy Attorney General, filed a brief for appellee State of California.*

JUSTICE POWELL delivered the opinion of the Court.

On this appeal we review a decision of the District Court for the Eastern District of California that § 103 of the Social Security Amendments Act of 1983, 97 Stat. 71, 42 U. S. C. § 418(g) (1982 ed., Supp. II), effected a taking of property within the meaning of the Fifth Amendment by preventing States from withdrawing state and local government employees from the Social Security System.

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