youakim miller argued december decided march although appellants complaint described action challenging foster care payment scheme provided illinois part federal aid families dependent children program action seeking injunction equal protection grounds appear appellants separately relied supremacy clause district holding scheme deny appellants equal protection addressed relationship scheme social security act independently equal protection issue nevertheless justified dealing question conflict state scheme federal act presented jurisdictional statement extent vacating judgment remanding case consideration question appears question pursued certain allegations complaint district based certain language opinion rejected supremacy clause claim made separate ground decision moreover jurisdictional statement filed department health education welfare issued program instruction indicating solicitor general filed statement urging state scheme inconsistent federal act neither developments available appellants district case supp vacated remanded patrick keenan argued cause filed briefs appellants paul bargiel assistant attorney general illinois argued cause appellees brief william scott attorney general per curiam part federal aid families dependent children afdc program et state illinois provides federally subsidized foster care payments per month dependent child placed unrelated foster parents illinois administration program foster care payments made foster parents related foster child related foster parents eligible however receive payments state regular afdc program support dependent children amount per month payments made without regard financial circumstances family caring child addition exception state regular policy related foster parents upon adequate showing financial need may receive supplemental payments child care bring payments connection related foster child approximately per month appellants linda youakim husband marcel linda four minor brothers sisters timothy mary lou larry sherry robertson since youakims foster parents timothy mary lou larry sherry living separate unrelated foster care facilities since linda related timothy mary lou youakims ineligible foster care payments apply receive smaller afdc payments children alleging injury resulting financial inability provide adequate care timothy mary lou bring larry sherry foster family appellants filed suit district state officials behalf persons similarly situated complaint described suit action enjoin enforcement foster care payment scheme ground denied related foster families equal protection laws likewise discriminated wards state relatives provide adequate foster home without full foster care payments asked district convene enjoin enforcement illinois statutes regulations approved fed rule civ proc class granted appellees motion summary judgment ultimately held illinois scheme deny plaintiffs equal protection laws supp nd jurisdictional statement filed expressly challenged illinois scheme equal protection grounds ground conflict social security act noted probable jurisdiction although jurisdictional statement noted probable jurisdiction presented question conflict illinois law social security act appears supremacy clause claim presented district independent ground invalidating state law complaint described suit one seeking injunction equal protection grounds sole ground relief expressly claimed three causes action complaint purported allege well prayer relief illinois program denied appellants equal protection laws appear record district case developed appellants rested supremacy clause separate basis injunction claim district address relationship state federal law independently equal protection issue ordinarily decide questions raised resolved lower california taylor lawn pollard brotherhood carpenters example demonstrate rule inflexible cf boynton virginia usual formulation exceptional cases coming federal courts questions pressed passed upon reviewed duignan shall describe circumstances justify dealing issue conflict state federal statutes least extent vacating judgment remanding case consideration claim illinois foster care program conflict social security act initially noted statutory issue foreign subject matter complaint attacks state welfare statutes often combine equal protection clause supremacy clause issues latter question surely pursued complaint filed case part facts incorporated reference three causes action alleged illinois program conflict policy expressed subchapter iv social security act stat amended et specifically federal policy encouraging care children homes homes relatives wherever possible also apparent district view townsend swank serious equal protection problems might arise state attempts rely concept fiscal integrity limit beyond statutory standards class eligible receive federally subsidized payments reason district compared federal state law concluded far inconsistent federal scheme illinois scheme general seems parallel thus federal statute makes classification illinois statute ibid appellants relied supremacy clause issue separate ground decision appear claim rejected district light circumstances case marginally subject rule consider issues pressed passed upon beyond considerations october filing jurisdictional statement noted probable jurisdiction department health education welfare issued program instruction stating controlling federal law hen child removed home judicial determination placed foster care various conditions specified foster care rate payment prevails regardless whether foster home operated relative also response appellants jurisdictional statement solicitor general filed statement urging illinois foster care program inconsistent social security act insofar provided higher payments unrelated foster parents related neither appellants district benefit either developments case lower interpretation statute agency charged enforcement substantial factor considered construing statute new york dept social services dublino columbia broadcasting system democratic investment institute camp appellants wish press issue conflict state federal law think appropriate afford opportunity claim aired first district vacating judgment remanding case purpose require district first decide statutory issue hagans lavine appellants prevail question unnecessary either district reach equal protection issue remand thus consistent usual practice avoiding decisions constitutional matters case may resolved grounds action take similar order entered thorpe housing authority rather deciding constitutionality eviction public housing project remanded case reconsideration light supervening administrative directive issued federal authorities thought might provide nonconstitutional basis decision cf richardson wright judgment district vacated case remanded proceedings consistent opinion ordered footnotes papers lodged appears appellants dispute since september youakims receiving payments supplementing afdc payments timothy mary lou receive monthly payments totaling amount receive program receipt payments moot case complaint alleged ineligibility regular foster care payments precluded youakims even considering accepting foster care two family members living nonrelatives foster care facilities app illinois program allege youakims seek bring larry sherry foster home receive monthly payments per child received matter course foster care facilities caring larry sherry without showing need without applying funds supplementing afdc payments whatever strength youakims claim unlawful require demonstrate need rely exception policy order receive child care payments mooted current receipt larger payments timothy mary lou living youakim home conclude case moot youakims need decide whether district properly identified rule class compare sosna iowa indianapolis school jacobs class action might maintained notwithstanding mootness named plaintiffs whether appellant linda youakim properly sued next friend four brothers sisters see fed rule civ proc constitutional interests adjudicated