Lewis v. Martin/Dissent Burger

Mr. Chief Justice BURGER, dissenting.

Unlike Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491, the administrative procedures provided by statute have not been exhausted here. For this reason HEW's primary jurisdiction remains a bar to the jurisdiction of federal courts over suits brought by welfare recipients. See Rosado v. Wyman, 397 U.S. 397, at 430, 90 S.Ct. 1207, at 1227, 25 L.Ed.2d 442 (dissenting opinion of Mr. Justice Black). I therefore join the dissent filed by Mr. Justice BLACK.