Gloria Siemens v. Bob S. Bergland, Secretary of the United States Department of Agriculture

Appellees, recipients of food stamps, brought this class action for declaratory judgment and an injunction against the Secretary of Agriculture. The district court granted appellees’ motion for summary judgment and enjoined the Secretary from enforcement of 7 C.F.R. 271.3(c)(1). The Secretary then moved to vacate the injunction on the basis of amendments to the Food Stamp Act of 1977. This motion was denied. The Secretary appeals.

Under the Food Stamp Act certain low-income households are eligible to purchase food coupons at a price which is determined by the household’s income. The Secretary is empowered to “prescribe the amounts of household income and other financial resources, including both liquid and nonliquid assets, to be used as criteria of eligibility.” 7 U.S.C. § 2014 (b) (1970 ed. Supp. V). Additionally, the Secretary “shall issue such regulations . . . as he deems necessary or appropriate for the effective and efficient administration of the food stamp program.” 7 U.S.C. § 2013 (c). Pursuant to this grant, the Secretary issued 7 C.F.R. 271.3(c)(1), which defines income to include:

The appellees received $30.00 per week from the CETA program which was established to…