Edelman v. Jordan, 414 U.S. 1301 (1973)

Edelman v. Jordan


No. A-51 (72-1410)


Decided July 19, 1973
414 U.S. 1301

ON APPLICATION FOR STAY

Syllabus

Application for stay of mandate and judgment, holding certain procedures of the Illinois Department of Public Aid inconsistent with Department of Health, Education, and Welfare regulations, pending this Court’s action on writ of certiorari granted June 11, 1973, denied as to those portions of judgment that apply prospectively only and granted as to paragraphs 5 and 6 thereof. If paragraph 5, directing that lump-sum payments be made retroactively to welfare applicants, is not stayed, petitioner would likely be unable to recover funds paid out, but respondent recipient would be able, if he prevails, to collect all back payments found to be due. The District Judge thought paragraph 6 could be complied with in a period of 15 days, and given the length of time already consumed by appellate review in this case, the addition of two weeks following this Court’s decision is not of controlling significance in deciding the application for stay.

See: 472 F.2d 985.