Lead Opinion
delivered the opinion of the Court.
A 1981 amendment to the Food Stamp Act states that no household shall become eligible to participate in the food stamp program during the time that any member of the household is on strike or shall increase the allotment of food stamps that it was receiving already because the income of the striking member has decreased. We must decide whether this provision is valid under the First and the Fifth Amendments.
I
In the Omnibus Budget Reconciliation Act of 1981 (OBRA), Pub. L. 97-35, 95 Stat. 357, Congress enacted a package of budget cuts throughout the Federal Government. Among the measures contained in OBRA were more than a dozen specific changes in the food stamp program, id., §§ 101-117.
In 1984, two labor unions and several individual union members brought suit against the Secretary of Agriculture in District Court, contending that §109 is unconstitutional and requesting declaratory and injunctive relief. Plaintiffs moved for a preliminary injunction, and the Secretary moved to dismiss the complaint on the grounds that Congress’ action was well within its constitutional prerogatives. After a hearing, the District Court denied both motions.
Both sides conducted discovery and filed cross-motions for summary judgment. On November 14, 1986, the District Court granted plaintiffs’ motion for summary judgment and issued a declaratory judgment, holding the statute unconstitutional.
II
We deal first with the District Court’s holding that § 109 violates the associational and expressive rights of appellees under the First Amendment. These claimed constitutional infringements are also pressed as a basis for finding that appellees’ rights of “fundamental importance” have been burdened, thus requiring this Court to examine appellees’ equal protection claims under a heightened standard of review. Zablocki v. Redhail,
A
The challenge to the statute based on the associational rights asserted by appellees is foreclosed by the reasoning this Court adopted in Lyng v. Castillo,
The same rationale applies in this case. As was true of the provision at issue in Castillo, it is “exceedingly unlikely” that § 109 will “prevent any group of persons from dining together.” Id., at 638. Even if isolated instances can be found in which a striking individual may have left the other members of the household in order to increase their allotment of food stamps,
The statute also does not infringe the associational rights of appellee individuals and their unions. We have recognized that “one of the foundations of our society is the right of individuals to combine with other persons in pursuit of a common goal by lawful means,” NAACP v. Claiborne Hardware Co.,
Prior cases indicate that § 109 has no unconstitutional impact on the right of individuals to associate for various purposes. Lincoln Union v. Northwestern Iron & Metal Co.,
In Ohio Bureau of Employment Services v. Hodory,
For the same reasons, we cannot agree that § 109 abridges appellees’ right to express themselves about union matters free of coercion by the Government. Appellees rely on Abood v. Detroit Board of Education,
Because the statute challenged here has no substantial impact on any fundamental interest and does not “affect with particularity any protected class,” Hodory, supra, at 489,
Appellant submits that this statute serves three objectives. Most obvious, given its source in OBRA, is to cut federal expenditures. Second, the limited funds available
We have little trouble in concluding that § 109 is rationally related to the legitimate governmental objective of avoiding undue favoritism to one side or the other in private labor disputes. The Senate Report declared: “Public policy demands an end to the food stamp subsidization of all strikers who become eligible for the program solely through the temporary loss of income during a strike. Union strike funds should be responsible for providing support and benefits to strikers during labor-management disputes.” Ibid. It was no part of the purposes of the Food Stamp Act to establish a program that would serve as a weapon in labor disputes; the Act was passed to alleviate hunger and malnutrition and to strengthen the agricultural economy. 7 U. S. C. § 2011. The Senate Report stated that “allowing strikers to be eligible for food stamps has damaged the program’s public integrity” and thus endangers these other goals served by the program. S. Rep., at 62. Congress acted in response to these problems.
It would be difficult to deny that this statute works at least some discrimination against strikers and their households. For the duration of the strike, those households cannot increase their allotment of food stamps even though the loss of income occasioned by the strike may well be enough to qualify them for food stamps or to increase their allotment if the fact of the strike itself were ignored. Yet Congress was in a difficult position when it sought to address the problems it had identified. Because a striking individual faces an immediate and often total drop in income during a strike, a single controversy pitting an employer against its employees can
It is true that in terms of the scope and extent of their ineligibility for food stamps, § 109 is harder on strikers than on “voluntary quitters.”
In view of the foregoing, we need not determine whether either of the other two proffered justifications for § 109 would alone suffice. But it is relevant to note that protecting the fiscal integrity of Government programs, and of the Government as a whole, “is a legitimate concern of the State.” Hodory, supra, at 493. This does not mean that Congress can pursue the objective of saving money by discriminating against individuals or groups. But our review of distinctions that Congress draws in order to make allocations from a finite pool of resources must be deferential, for the discretion about how best to spend money to improve the general welfare is lodged in Congress rather than the courts. Bowen v. Owens,
Appellees contend and the District Court held that the legislative classification is irrational because of the “critical” fact that it “impermissibly strikes at the striker through his family.”
The decision of the District Court is therefore
Reversed.
Notes
Included were such fundamental changes as redefining the requirements to constitute a family unit, reducing the gross income eligibility standard (except for the elderly and the disabled), and adjusting the levels of deductions that are allowed to recipients. §§ 101, 104(a), 105, 106, 115. The Committee Reports estimated that these changes in the food stamp program would save several billion dollars in fiscal years 1982, 1983, and 1984. H. R. Rep. No. 97-158, pp. 11-13 (1981) (hereafter H. R. Rep.); S. Rep. No. 97-139, pp. 52-70 (1981) (hereafter S. Rep.).
“Notwithstanding any other provision of law, a household shall not participate in the food stamp program at any time that any member of the household, not exempt from the work registration requirements ... 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 prior 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.” OBRA, § 109, 95 Stat. 361, 7 U. S. C. § 2015(d)(3).
The District Court did not find that any individuals had left their households in order to increase their allotment of food stamps. It found instead only that some individuals “have been told by state agencies or have learned that they can avoid household disqualification by having the striker leave the household.”
The District Court found that one individual quit his job and abandoned his union membership in order to receive food stamps, and another individual left a picket line to seek other work and lost his union membership.
It is clear from previous decisions that associational rights “are protected not only against heavy-handed frontal attack, but also from being stifled by more subtle governmental interference,” Bates v. Little Rock,
The decision in Hodory was based on the Equal Protection Clause of the Fourteenth Amendment and not on the First Amendment, but our application of rational-basis review to the constitutional claim raised in that case indicated that fundamental rights guaranteed by the First Amendment were not implicated there.
Appellees rely heavily on Sherbert v. Verner,
We reject the proposition that strikers as a class are entitled to special treatment under the Equal Protection Clause. City of Charlotte v. Firefighters,
For example, one who voluntarily quits a job is disqualified for food stamps for 90 days. Thereafter, he is eligible as long as he registers for work and cannot find a job. 7 CFR § 273.7(n)(1)(v) (1987). The striker, unless he quits his job, is disqualified for as long as he is on strike. § 273.1(g).
Dissenting Opinion
with whom
The Court today declares that it has “little trouble” in concluding that Congress’ denial of food stamps to the households of striking workers is rationally related to a legitimate governmental objective. Ante, at 371. The ease with which the Court reaches this conclusion is reflected in the brevity of its Fifth Amendment analysis: the Court gives short shrift to appellees’ equal protection challenge to the striker amendment even though this argument was the centerpiece of appellees’ case in their briefs and at oral argument. I believe that the Court’s dismissive approach has caused it to fail to register the full force of appellees’ claim. After canvassing the many absurdities that afflict the striker amendment, I conclude that it fails to pass constitutional muster under even the most deferential scrutiny. I therefore would affirm the judgment below.
I
The thrust of appellees’ equal protection challenge is that the striker amendment to the Food Stamp Act — § 109 of the Omnibus Budget Reconciliation Act of 1981, codified at 7 U. S. C. § 2015(d)(3) — singles them out for special punitive
In recent years, the Court has struck down a variety of legislative enactments using the rational-basis test. In some cases, the Court found that the legislature’s goal was not legitimate. See, e. g., Hooper v. Bernalillo County Assessor,
The Secretary asserts that the striker amendment is rationally related to three legitimate governmental goals. First, the Secretary points out that denying food stamps to households containing a striker will reduce federal expenditures. Second, the Secretary contends that the striker amendment channels limited public funds to the most needy. Finally, the Secretary maintains that the striker amendment fosters governmental neutrality in private labor disputes. Although the asserted goals are legitimate, it is difficult to discern a rational relationship between them and the striker amendment. The arguments of the Secretary and the Court seeking to establish such a relationship are fraught with pervasive inconsistencies.
A
The Secretary’s argument that the striker amendment will save money proves far too much. According to the Secretary’s reasoning, the exclusion of any unpopular group from a public benefit program would survive rational-basis scrutiny, because exclusion always would result in a decrease in governmental expenditures. Although it is true, as the Court observes, that preserving the fiscal integrity of the Government “‘is a legitimate concern of the State,’” ante, at 373, quoting Ohio Bureau of Employment Services v. Hodory,
B
Perhaps recognizing this necessity, the Secretary defends the singling out of strikers and their households as rationally related to the goal of channeling resources to those persons most “‘genuinely in need.’” Brief for Appellant 17, quoting 119 Cong. Rec. 24929 (1973) (remarks of Rep. Young). As a threshold matter, however, households denied food stamps because of the presence of a striker are as “needy” in terms of financial resources as households that qualify for food stamps: the former are denied food stamps despite the fact that they meet the financial eligibility requirements of 7 U. S. C. § 2014 (1982 ed. and Supp. IV), even after strike-fund payments are counted as household income. This point has particular poignancy for the infants and children of a striking worker. Their need for nourishment is in no logical way diminished by the striker’s action. The denial to these chil
The Secretary argues, however, that the striker amendment is related to need at least in the sense of willingness to work, if not in the strict sense of financial eligibility. Because the Food Stamp Act generally excludes persons unwilling to work — and their households — the Secretary argues that it is consistent to exclude strikers and their households as well, on the ground that strikers remain “unwilling to work,” at least at the struck business, for the duration of the strike. In the Secretary’s eyes, a striker is akin to an unemployed worker who day after day refuses to accept available work. One flaw in this argument is its false factual premise. It is simply not true, as the Secretary argues, that a striker always has a job that “remains available to him.” Reply Memorandum for Appellant 4. Many strikes result in the complete cessation of a business’ operations, so that the decision of an individual striker to return to work would be unavailing. Moreover, many of the businesses that continue to operate during a strike hire permanent replacements for the striking workers. In this situation as well, a striker no longer has the option of returning to work. In fact, the record in this case reveals that a number of appellees were
But even if it were true that strikers always can return to their jobs, the Secretary’s “willingness to work” rationale falls apart in light of the glaring disparity between the treatment of strikers and the treatment of those who are unwilling to work for other reasons. People who voluntarily quit their jobs are not disqualified from receiving food stamps if, after notice and a hearing, they can demonstrate that they quit with “good cause.” 7 CFR §§273.7(n)(1)(i), (vi) (1987).
C
Unable to explain completely the striker amendment by the “willingness to work” rationale, the Secretary relies most heavily on yet a third rationale: the promotion of governmental neutrality in labor disputes. Indeed, the Court relies solely on this explanation in rejecting appellees’ equal protection challenge to the amendment. According to the Secretary and the Court, this last goal rationalizes the discrepancies in the treatment of strikers and voluntary quitters, and of strikers and nonstrikers unwilling to cross a picket line. As the Court explains it, excluding strikers from participation in the food stamp program avoids “undue favoritism to one side or the other in private labor disputes” by preventing
As a threshold matter, the Court’s reliance on Hodory to support the Secretary’s argument is misplaced. In Hodory, we upheld a statute that denied unemployment compensation benefits to workers who became unemployed as a result of a labor dispute other than a lockout. The Court reasoned that the denial was rationally related to the goal of maintaining governmental neutrality in labor disputes because the unemployment compensation at issue was partially funded by employer contributions. We recognized that “[t]he employer’s costs go up with every laid-off worker who is qualified to collect unemployment. The only way for the employer to stop these rising costs is to settle the strike so as to return the employees to work. Qualification for unemployment compensation thus acts as a lever increasing the pressures on an employer to settle a strike.”
More important, the “neutrality” argument on its merits is both deceptive and deeply flawed. Even on the most superficial level, the striker amendment does not treat the parties to a labor dispute evenhandedly: forepersons and other management employees who may become temporarily unemployed when a business ceases to operate during a strike remain eligible for food stamps. Management’s burden during the course of the dispute is thus lessened by the receipt of public funds, whereas labor must struggle unaided. This disparity cannot be justified by the argument that the strike is labor’s “fault,” because strikes are often a direct response
On a deeper level, the “neutrality” argument reflects a profoundly inaccurate view of the relationship of the modern Federal Government to the various parties to a labor dispute. Both individuals and businesses are connected to the Government by a complex web of supports and incentives. On the one hand, individuals may be eligible to receive a wide variety of health, education, and welfare-related benefits. On the other hand, businesses may be eligible to receive a myriad of tax subsidies through deductions, depreciation, and credits, or direct subsidies in the form of Government loans through the Small Business Administration (SBA). Businesses also may receive lucrative Government contracts and invoke the protections of the Bankruptcy Act against their creditors. None of these governmental subsidies to businesses is made contingent on the businesses’ abstention from labor disputes, even if a labor dispute is the direct cause of the claim to a subsidy. For example, a small business in need of financial support because of labor troubles may seek a loan from the SBA. See 15 U. S. C. § 661 et seq. And a business that claims a net operating loss as a result of a strike or a lockout presumably may carry the loss back three years and forward five years in order to maximize its tax advantage. See 26 U. S. C. §§ 172, 381, 382. In addition, it appears that businesses may be eligible for special tax credits for hiring replacement workers during a strike under the Targeted Jobs Tax Credit program. See BNA Daily Labor Report No. 68, p. A-6 (April 10, 1987). When viewed against the network of governmental support of both labor and management, the withdrawal of the single support of food stamps — a support critical to the continued life and health of an individual worker and his or her family — cannot be seen as a “neutral” act. Altering the backdrop of gov
D
In Cleburne v. Cleburne Living Center, Inc.,
“The real purpose of the amendment . . . was not to restore some government neutrality allegedly lost because strikers are eligible for food stamps but, on the contrary, to use a denial of food stamps as a pressure on the worker — or more accurately on his family — to help break a strike.....
“The amendment was an effort to increase the power of management over workers, using food as a weapon in collective bargaining.” H. R. Rep. No. 95-464, p. 129 (1977).
I am mindful that the views expressed on the floor of the House and in the 1977 Committee Report were from those opposed to the striker amendment. But the evidence of animus is not limited to statements by the amendment’s opponents. Rather, supporters of the striker amendment likened strikers to “hippies” and “commune residents” — groups whose exclusion from the food stamp program this Court struck down 15 years ago in Department of Agriculture v. Moreno,
II
I agree with the Court that “[i]t was no part of the purposes of the Food Stamp Act to establish a program that would serve as a weapon in labor disputes.” Ante, at 371. The striker amendment under consideration today, however, seems to have precisely that pur posé — one admittedly irreconcilable with the legitimate goals of the food stamp program. No other purpose can adequately explain the especially harsh treatment reserved for strikers and their families by the 1981 enactment. Because I conclude that the striker amendment cannot survive even rational-basis scrutiny, I would affirm the District Court’s invalidation of the amendment. I dissent.
Because I conclude that the striker amendment fails the deferential rational-basis test, I see no need to address whether stricter scrutiny should apply to protect the First Amendment interests asserted by appellees, although I am unconvinced by the Court’s treatment of that issue as well.
In addition, there is substantial reason to question the invocation of the public fisc in this case. Statistics available to Congress at the time of the enactment of the striker amendment indicated that strikers rarely met the financial eligibility requirements of the food stamp program and thus rarely participated in the program. A Government Accounting Office study found that in four out of five periods studied, 89 to 96 percent of strikers did not participate in the food stamp program. In the fifth period, which included the 1978 coal strike, 64 percent of strikers did not participate. 127 Cong. Rec. 12157 (1981) (remarks of Sen. Levin). The strikers who do participate in the food stamp program apparently account for only a very small percentage of total program outlays. Statistical information collected by the House Committee on Agriculture in 1975 indicated that households containing strikers accounted for only 0.2 to 0.3 percent of non-public-assistance households participating in the food stamp program. H. R. Rep. No. 95-464, p. 128 (1977).
See Declaration of Donald A. Bivens, App. 8 (“My two younger children were sick a great deal during the period of the strike and I believe it was, in part, due to a lack of nourishment”); Declaration of Johnie B. Blake, id., at 11 (finding it “nearly impossible to get adequate food for [household of] seven people” during strike); Affidavit of Barm Combs, id., at 20 (“My daughter Jennifer Ann, who has serious kidney problems, was missing needed medical treatment and medication”); Declaration of Robert J. Shorb, Jr., id., at 47 (“[0]ur children were in danger of not having enough to eat. Therefore, we had to send them to live with their grandparents in New York State so that they would get enough nourishment”).
See Declaration of Ray Westfall, id., at 51; Supplemental Declaration of Johnie B. Blake, id., at 14-15; Affidavit of Donald Gibson, id., at 34; Affidavit of Zola Higgins, id., at 37.
“Good cause” as defined in the applicable regulations includes, inter alia, “[discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs,” 7 CFR § 273.7(n)(3)(i) (1987), “[w]ork demands or conditions that render continued employment unreasonable, such as working without being paid on schedule,” §273.7(n)(3)(ii), or work conditions under which “[t]he degree of risk to health and safety is unreasonable,” § 273.7(i)(2)(i), incorporated by reference in §273.7(n)(3)(vi).
See, e. g., Affidavit of Zola Higgins, App. 36-37; Affidavit of Paul David Michel, id., at 39-40; Declaration of Ray Westfall, id., at 51-52.
In addition, strikers may not become eligible for food stamps even if they demonstrate their “willingness to work” by registering for and accepting alternative interim employment. Indeed, the fact that strikers had been subject to the same work registration and acceptance requirements as all other food stamp applicants prior to the enactment of the striker amendment easts considerable doubt on the Secretary’s argument that the amendment’s purpose was to ensure that food stamp recipients are “willing to work.” Cf. Department of Agriculture v. Moreno,
See, e. g., 116 Cong. Rec. 42019 (1970) (decrying “the apparent anti-strike aspect” of the proposed amendment) (remarks of Rep. Conyers); 117 Cong. Rec. 21675 (1971) (“This amendment cannot be justified by any public good that could come of it; none can. It is at its base mean-spirited, vindictive and vengeful”) (remarks of Rep. Foley); 118 Cong. Rec. 23376 (1972) (“Those seeking to pass this amendment are simply opposed to strikes . . . and hope to assist the employer in breaking a strike with this cruel amendment”) (remarks of Rep. Koch); 119 Cong. Rec. 24931 (1973) (“This amendment is punitive, antilabor, antiunion, unfair, and discriminatory”) (remarks of Rep. Foley); id., at 24934 (“I think it would be unconstitutional ... for us to say that we can cut out a segment of our society just because they are doing something that some other segment of our society does not like”) (remarks of Rep. Casey); 120 Cong. Rec. 20614 (1974) (noting that voluntary quitters, convicted felons, and alcoholics may receive food stamps and that the striker amendment “only draws the line against one small group of people”) (remarks of Rep. O’Hara).
See 117 Cong. Rec. 21673 (1971) (We should “say to strikers what we have said to students, to hippies, and others— ‘. . . if you are one of the voluntarily poor, you must look to your own resources for help’ ”) (remarks of Rep. Michel); 119 Cong. Rec. 24931 (1973) (“[I]n the early history of the program, food stamps for strikers, college students, hippies, and commune residents never entered into the minds of food stamp proponents”) (remarks of Rep. Goodling).
The remarks of Representatives over the years admittedly express the views of different Congresses from the one that eventually passed the 1981 striker amendment. Nonetheless, the length of time over which the same proposal was considered and the frequent references over the years by Representatives to former colloquies on the matter, see, e. g., 117 Cong. Rec. 21672 (1971) (remarks of Rep. Michel) (referring to 1970 debate); 119 Cong. Rec. 24933 (1973) (remarks of Rep. Casey) (referring to 1971 debate); H. R. Rep. No. 95-464, pp. 122-127 (1977) (canvassing the amendment’s legislative history from 1968 to 1977), strongly suggest that these earlier discussions informed the 1981 decision.
