Herweg v. Ray

LOCATION: Fort Bragg

DOCKET NO.: 80-60
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Eighth Circuit

CITATION: 455 US 265 (1982)
ARGUED: Jan 13, 1982
DECIDED: Feb 23, 1982

Brent R. Appel - on behalf of the Respondent
Neal S. Dudovitz - on behalf of the Petitioners

Facts of the case


Media for Herweg v. Ray

Audio Transcription for Oral Argument - January 13, 1982 in Herweg v. Ray

Audio Transcription for Opinion Announcement - February 23, 1982 in Herweg v. Ray

Warren E. Burger:

The judgments and opinion of the Court in Herweg against Ray, the Governor of Iowa will be announced by Justice Rehnquist.

William H. Rehnquist:

This case which comes to us from the Court of Appeals for the Eighth Circuit involves the eligibility standards for the Medicaid program contained within the Social Security Act.

In an opinion filed the day with the clerk, we reverse the judgment of the Court of Appeals and uphold federal regulations which place time limitations upon the authority of the states to consider the income of an institutionalized Medicaid applicant’s spouse when determining eligibility.

The complexity of the statutes and regulations involved virtually defy any attempt at further oral exposition and I shall not attempt any.

Justice Stevens has filed an opinion concurring in part and the Chief Justice has filed a dissenting opinion.

Warren E. Burger:

Thank you, Justice Rehnquist.