Hugo Black

“ I regret that I cannot join an opinion which fails to give due consideration to the unmistakeable intent of the Social Security Act to give HEW primary jurisdiction over these highly technical and difficult welfare questions, which affirms what is to me a clear abuse of discretion by the District Court, and which plunges this Court and other federal courts into an ever-increasing and unnecessary involvement in the administration of the Nation's categorical assistance programs administered by the States. ”

“ Petitioners are New York welfare recipients who contend that recently enacted New York welfare legislation which reduces the welfare benefits to which they are entitled under the Aid to Families With Dependent Children (AFDC) program is inconsistent with the federal AFDC requirements found in § 402 (a) (23) of the Social Security Act, 42 U.S.C. § 602 (a) (23) (1964 ed., Supp. IV) . The New York statute that petitioners are challenging, § 131-a of the New York Social Services Law, was enacted on March 31, 1969. ”

“ Finally, there is the very important consideration of judicial economy and the prevention of premature and unnecessary lawsuits, particularly at this time when the courts are overrun with litigants on every subject. ”