Ledesma v. Block

825 F.2d 1046, 125 L.R.R.M. (BNA) 3409, 1987 U.S. App. LEXIS 10441
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 6, 1987
DocketNo. 85-1730
StatusPublished
Cited by6 cases

This text of 825 F.2d 1046 (Ledesma v. Block) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ledesma v. Block, 825 F.2d 1046, 125 L.R.R.M. (BNA) 3409, 1987 U.S. App. LEXIS 10441 (6th Cir. 1987).

Opinion

ENGEL, Circuit Judge.

This appeal challenges the constitionality, on First Amendment and equal protection grounds, of the 1980 and 1981 amendments to the Food Stamp Act of 1977, 7 U.S.C. § 2011, et seq. The challenged amendments remove from eligibility for food stamps those persons engaged in labor strikes unless their households had been eligible to receive food stamps before the strike.

I.

The amendments were enacted in the Food Stamp Act Amendments of 1980, Pub.L. 96-249, § 114, 94 Stat. 357, 361 (1980), and the Omnibus Budget Reconciliation Act of 1981, Pub.L. No. 97-35, § 109(a)(1), 95 Stat. 357, 361 (1981). The amendments, as codified in 7 U.S.C. § 2015(d)(3), state:

Notwithstanding any other provision of law, a household shall not participate in the food stamp program at any time that any member of such household, not exempt from the work registration requirements of paragraph (1) of this subsection, is on strike as defined in section 142(2) of Title 29, because of a labor dispute (other than a lockout) as defined in section 152(9) of Title 29: Provided, That a household shall not lose its eligibility to participate in the food stamp program as a result of one of its members going on strike if the household was eligible for food stamps immediately pri- or to such strike, however, such household shall not receive an increased allotment as the result of a decrease in the income of the striking member or members of the household: Provided further, That such ineligibility shall not apply to any household that does not contain a member on strike, if any of its members refuses to accept employment at a plant or site because of a strike or lockout.

Also challenged was the Secretary of Agriculture’s implementation of the statute by 7 C.F.R. § 273.1(g)(1):

[1048]*1048Households with striking members shall be ineligible to participate in the Food Stamp Program unless the household was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. However, such a household shall not receive an increased allotment as a result of a decrease in the income of the striking member(s) of the household.

The purpose of the Food Stamp Act of 1977 is stated in 7 U.S.C. § 2011:

It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households.... To alleviate such hunger and malnutrition, a food stamp program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

Initial efforts to limit food stamps for strikers were the subject of intense debate in the Congress and were defeated both in earlier versions of the food stamp program and in subsequent years. See H.Rep. No. 788, 96th Cong., 2d Sess. 131 reprinted in 1980 U.S.Code Cong. & Ad.News 843, 964 (“House Report”). The passage of the amendments in 1980 and 1981 reflected a change in congressional thought which was expressed in the legislative history both in terms of fiscal responsibility and in terms of social policy. In a letter of June 12, 1981 addressed to the Honorable Pete V. Domenici, Chairman of the Senate Committee on the Budget, Senator Jesse Helms, Chairman of the Senate Committee on Agriculture, Nutrition, and Forestry, transmitted his committee’s recommendations for reducing departmental spending. Helms explained that the recommended changes would achieve overall savings of $130 million in budget authority for fiscal 1981, $3,409 million in budget authority and $3,262 million in outlays for fiscal 1982, and continued increases in reduction of budget authority through fiscal 1984. S.Rep. No. 139, 97th Cong., 1st Sess. 62, reprinted in 1981 U.S.Code Cong. & Ad. News, 396, 421-22 (“Senate Report”). The accompanying explanation contained specific references to savings in expenditures for food stamps to be achieved by eliminating households containing strikers unless those households were eligible for food stamps prior to the strike. The Congressional Budget Office estimated the amendments would reduce budget authority and outlays by $50 million each in 1982, by $55 million each in 1983, and by $60 million each in 1984. Careful analysis was also made of the number of persons who had been on strike from time to time during the period preceding the Act and of the number who had applied for and received food stamps. Id. at 452-53.

It was plain by examination of the report that the difficult task of allocating scarce resources was foremost in the minds of the Committee’s recommendations which accompanied the proposed Act and that social and value judgments would inevitably have to be made as between programs and within the programs themselves. Thus with respect to the elimination of benefits for households of striking workers, the Committee observed:

Households containing strikers would be prohibited from receiving food stamp assistance, unless eligible prior to the strike. If eligible prior to the strike, the household’s benefits could not increase as a result of a loss of strike-related income.
Under current law, strikers have frequently made themselves eligible for food stamps through the temporary loss of income during the strike. Households containing striking members are eligible for food stamp assistance if they meet normal income and assets tests, register for work, and are willing to accept job offers from places of employment not subject to a strike. Because the income of a striking household has, obviously, dropped substantially, and because the food stamp program currently looks to a household’s income in the upcoming month in judging eligibility, strikers can become eligible almost immediately after [1049]*1049the strike begins. Only in certain cases where the strike has been enjoined do strikers face loss of food stamps. By regulation, jobs offered at a place of employment where the strike has been enjoined under the Taft-Hartley Act or similar railway labor legislation must be accepted by food stamp work registrants (including strikers) in order to retain food stamp eligibility. If the job offer is accepted, the new income is usually enough to preclude eligibility; if it is refused, the result is loss of eligibility.
The current policy of allowing strikers to be eligible for food stamps has damaged the program’s public integrity. Granting benefits to strikers can be seen as encouragement to workers to “wait out” management, rather than compromise. In many cases, public employees may receive food stamps even though the strikes in which they are participating are illegal.
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Ledesma v. Block
825 F.2d 1046 (Sixth Circuit, 1987)

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Bluebook (online)
825 F.2d 1046, 125 L.R.R.M. (BNA) 3409, 1987 U.S. App. LEXIS 10441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledesma-v-block-ca6-1987.