HASSAN SABREE, By his Mother and Next-Friend, Hana Sabree; CATHERINE MEADE, By her Father and Next-Friend, Robert A. Meade; JOSEPH FRAZIER, By his Mother and Next-Friend, Patricia Frazier, for Themsleves and All Others Similarly Situated
Appellants
v.
* ESTELLE B. RICHMAN, In Her Official Capacity as Secretary of the Department of Public Welfare of the Commonwealth of
Pennsylvania
*{Substitution Pursuant to Clerk's Order dated 3/28/03 and F.R.A.P. Rule 43(c)}
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
D.C. Civil No. 02-cv-03426
District Judge: The Honorable Herbert J. Hutton
Argued: September 11, 2003
Before: ALITO, BARRY, and AMBRO, Circuit Judges
(Opinion Filed May 11, 2004)
ALITO, Circuit Judge, concurring:
While the analysis and decision of the District Court may reflect the direction that future Supreme Court cases in this area will take, currently binding precedent supports the decision of the Court. I therefore concur in the Court's decision.