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UNITED STATES DEPARTMENT OF LABOR v. TRIPLETT

No.88-1671.

494 U.S. 715 (1990)

110 S.Ct. 1428

108 L.Ed.2d 701

UNITED STATES DEPARTMENT OF LABOR v. TRIPLETT ET AL.

Supreme Court of United States.

Decided March 27, 1990

Attorney(s) appearing for the Case

Michael R. Dreeben argued the cause for petitioners in both cases. With him on the briefs for petitioner in No. 88-1671 and respondent in No. 88-1688, under this Court's Rule 12.4, were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, William Kanter, John S. Koppel, Allen H. Feldman, and Edward D. Sieger. Jack Marden filed a brief for petitioner in No. 88-1688 and respondent in No. 88-1671, under this Court's Rule 12.4

Jane Moran argued the cause for respondent Triplett in both cases. On the brief was James A. McKowen.†

JUSTICE SCALIA delivered the opinion of the Court.‡

These cases call into question the constitutionality of the Department of Labor's administration of that provision of the Black Lung Benefits Act of 1972 which prohibits the acceptance of attorney's fees for the representation of claimants, except such fees as are approved by the Department. Respondent Triplett contends that the Secretary...

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