Burns v. Vowell’s Empirical Analysis
1976
Citation profile
4 federal appellate · 5 district ·
Relationships
Applies 28 U.S.C. § 1343 · 28 U.S.C. § 1391 · 42 U.S.C. § 1396A (§ 1902 of the Social Security Act of 1935) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Edelman v. Jordan · Hagans v. Lavine · The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc. · Van Lare v. Hurley · Franssen v. Juras
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“deeming is never a proper procedure within the requirements for the establishment of means for reasonably evaluating financial responsibility of non-institutionalized spouses . . . [T]he income of a non-institutionalized spouse can [only] be considered . . . through the application of reasonable standards and not on the basis of an irrebuttable presumption that the money is available for the care and support of the institutionalized spouse. Deeming ... is not consistent with the federal statutes and regulations, and cannot be employed to impute income.”
2 later decisions quote this exact passage · from the majority“(a) A State plan for medical assistance must— (17) include reasonable standards (which shall be comparable for all groups and may, in accordance with standards prescribed by the Secretary, differ with respect to income levels, . . .) for determining eligibility for and the extent of medical assistance under the plan which (A) are consistent with the objectives of this subchapter, (B) provide for taking into account only such income and resources as are, as determined in accordance with standards prescribed by¡ the Secretary, available to the applicant or recipient . (C) provide for reasonable evaluation of any such income or resources, and (D) do not take into account the financial responsibility of any individual for any applicant or recipient of assistance under the plan unless such applicant or recipient is such individual’s spouse or such individual’s child who is under age 21 . . . . (Emphasis supplied)”
1 later decision quote this exact passage · from the majoritye.g. Herweg v. Ray“The committee has heard of hardships on certain individuals by requiring them to provide support and to pay for the medical care needed by relatives. The committee believes it is proper to expect spouses to support each other and parents to be held accountable for the support of their minor children and their blind or permanently and totally disabled children even though 21 years of age or older. Such requirements for support may rea sonably include the payment by such relative, if able, for medical care. (Emphasis supplied)”
1 later decision quote this exact passage · from the majoritye.g. Herweg v. Ray
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.