Blum v. Caldwell, 446 U.S. 1311 (1980)

Blum v. Caldwell

No. A-946

Decided May 6, 1980
446 U.S. 1311

ON APPLICATION FOR STAY

Syllabus

Application by the Commissioner of the New York Department of Social Services to stay, pending the filing and disposition of a petition for certiorari, the Court of Appeals’ mandate affirming the District Court’s preliminary injunction against enforcement of a New York statute limiting eligibility for Medicaid assistance to those medically needy persons who have not made a voluntary transfer of property for the purpose of qualifying for such assistance within 18 months prior to applying for Medicaid, is denied. Applicant has not satisfied her burden of showing, with respect to the risk of irreparable harm, that the balance of equities favors her as against respondent aged, blind, and disabled persons who were denied Medicaid under New York’s "no transfer" rule, nor has she met her burden of showing that four Members of this Court would vote to grant certiorari.