Lewis v. Martin/Dissent Burger

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936715Lewis v. Martin — DissentWarren E. Burger
Court Documents
Case Syllabus
Opinion of the Court
Dissenting Opinions
Black
Burger

United States Supreme Court

397 U.S. 552

Lewis  v.  Martin

 Argued: March 3 and 4, 1970. --- Decided: April 20, 1970


Mr. Chief Justice BURGER, dissenting.

Unlike Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491, the administrative procedures provided by statute have not been exhausted here. For this reason HEW's primary jurisdiction remains a bar to the jurisdiction of federal courts over suits brought by welfare recipients. See Rosado v. Wyman, 397 U.S. 397, at 430, 90 S.Ct. 1207, at 1227, 25 L.Ed.2d 442 (dissenting opinion of Mr. Justice Black). I therefore join the dissent filed by Mr. Justice BLACK.

Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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