home *** CD-ROM | disk | FTP | other *** search
- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-197
- --------
- ELOISE ANDERSON, DIRECTOR, CALIFORNIA
- DEPARTMENT OF SOCIAL SERVICES, et al.,
- PETITIONERS v. DESHAWN GREEN, DEBBY
- VENTURELLA and DIANA P. BERTOLLT, etc.
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [February 22, 1995]
-
- Per Curiam.
- Under Aid to Families With Dependent Children
- (AFDC), 49 Stat. 627, as amended, 42 U. S. C. 601 et
- seq., the Federal Government partially reimburses States
- for welfare programs that either comply with all federal
- prescriptions or receive a waiver from the Secretary of
- Health and Human Services (HHS). 42 U. S. C. 1315.
- California seeks to change its AFDC program by limiting
- new residents, for the first year they live in California,
- to the benefits paid in the State from which they came.
- See Cal. Welf. & Inst. Code Ann. 11450.03 (West Supp.
- 1994). Green and other new residents who receive
- AFDC benefits challenged the constitutionality of this
- California statute in a federal court action; they main-
- tain that the payment differential between new and
- long-term residents burdens interstate migration and
- thus violates the right to travel recognized in Shapiro v.
- Thompson, 394 U. S. 618 (1969), and its progeny. The
- United States District Court for the Eastern District of
- California enjoined the payment differential, Green v.
- Anderson, 811 F. Supp. 516, 523 (1993), and the United
- States Court of Appeals for the Ninth Circuit affirmed.
- Green v. Anderson, 26 F. 3d 95 (1994). We granted
- California's petition for certiorari. 513 U. S. ___ (1994).
- We now find, however, that no justiciable controversy is
- before us, because the case in its current posture is not
- ripe.
- The California statute provides that the payment
- differential shall not take effect absent receipt by the
- State of an HHS waiver. See Cal. Welf. & Inst. Code
- Ann. 11450.03(b) (West Supp. 1994). HHS originally
- granted a waiver, which was in effect when the District
- Court and Court of Appeals ruled. But -ripeness is
- peculiarly a question of timing,- and -it is the situation
- now rather than the situation at the time of the [deci-
- sion under review] that must govern.- Regional Rail
- Reorganization Act Cases, 419 U. S. 102, 140 (1974).
- After the Court of Appeals ruled in this case, it vacated
- the HHS waiver in a separate proceeding, concluding
- that the Secretary had not adequately considered
- objections to California's program. Beno v. Shalala, 30
- F. 3d 1057, 1073-1076 (CA9 1994). The Secretary did
- not seek this Court's review of the Beno decision.
- California acknowledges that even if it prevails here, the
- payment differential will not take effect. Tr. of Oral.
- Arg. 3-6. Absent favorable action by HHS on a renewed
- application for a waiver, California will continue to treat
- Green and others similarly situated the same way it
- treats long-term California residents. The parties have
- no live dispute now, and whether one will arise in the
- future is conjectural. See Hall v. Beals, 396 U. S. 45
- (1969) (per curiam) (after this Court noted probable
- jurisdiction, Colorado legislature reduced to two months
- challenged six-month residency requirement for voting in
- presidential elections; revival of controversy consequently
- became too speculative to warrant Court's passing on
- substantive issues).
- In view of the impediment to dispositive adjudication,
- we direct the vacation of prior judgments in this case.
- As we explained earlier this Term, in deciding whether
- to disturb prior judgments in a case rendered
- nonjusticiable, we have inquired, pivotally, -whether the
- party seeking relief from the judgment below caused the
- [nonjusticiability] by voluntary action.- U. S. Bancorp
- Mortgage Co. v. Bonner Mall Partnership, 513 U. S. ___,
- ___ (1994) (slip op., at 7). Unlike settlement, see ibid.,
- or a losing party's decision to forgo appeal, see Karcher
- v. May, 484 U. S. 72, 83 (1987), California's loss of the
- federal approval necessary to implement its program was
- not voluntary. Vacatur is appropriate, therefore, to
- -clea[r] the path for future relitigation of the issues
- between parties and [to] eliminat[e] a judgment, review
- of which was prevented through happenstance.- United
- States v. Munsingwear, Inc., 340 U. S. 36, 40 (1950).
- Accordingly, the judgment of the United States Court
- of Appeals is vacated, and the case is remanded to that
- court with directions to order the vacation of the District
- Court's judgment and the dismissal of the case.
-
- It is so ordered.
-