Opinion · Supreme Court of the United States

Atkins v. Parker

Atkins v. Parker, 472 U.S. 115 (1985)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1985-06-04
Topic
bankruptcy

Justice Marshall, dissenting. I share Justice Brennan’s view that the logic of the relevant regulation, 7 CFR §273.12(e)(2)(h) (1985), requires the sort of notice that the lower courts ordered here. The regulation contemplates a notice that allows families to “adjust household budgets” according to changes in benefit levels, *15843 Fed. Reg. 18896 (1978), and I fail to see how a notice that does not inform recipients of their new benefit levels can serve this purpose. Given that this interpretation of the regulation disposes of the cases, I find no need to reach the other issues addressed by the Court or by the dissent.

Citator

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Justice Marshall,

dissenting.

I share Justice Brennan’s view that the logic of the relevant regulation, 7 CFR §273.12(e)(2)(h) (1985), requires the sort of notice that the lower courts ordered here. The regulation contemplates a notice that allows families to “adjust household budgets” according to changes in benefit levels, *158 43 Fed. Reg. 18896 (1978), and I fail to see how a notice that does not inform recipients of their new benefit levels can serve this purpose. Given that this interpretation of the regulation disposes of the cases, I find no need to reach the other issues addressed by the Court or by the dissent. I therefore join Part I of Justice Brennan’s dissent.