| decided Jurisdiction level: Result: Importance: Law type: Topic(s): State of origin: CT Attorneys: Others involved: Organization role: Last modified: 2021-02-15 09:14 Case internal grade: | Case internal status: | Case internal status notes: Collections: Lists: For more info: CASE DETAILS (The syllabus is not part of the opinion, but is a summary prepared by … Read more
Absent a compelling state interest, state laws that impose residency requirements to obtain welfare assistance violate the Equal Protection and Due Process Clauses of the 14th Amendment. Such laws also violate the constitutional right to travel by inhibiting migration by needy persons into the state.
Filing fees cannot bar access to divorce courts by the poor. The Due Process Clause of the Fourteenth Amendment prohibit a state from denying, solely because of inability to pay, access to its courts to individuals who sought judicial dissolution of their marriages.
State law that allows creditor summary pre-judicial garnishment of debtor’s savings account violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
The Due Process Clause of the Fourteenth Amendment does not permit a state to deny an individual the opportunity to present evidence that he is a bona fide resident entitled to in-state rates, on the basis of a permanent and irrebuttable presumption of nonresidence, when that presumption is not necessarily or universally true in fact, and when the State has reasonable alternative means of making the crucial determination.
Bio note From: http://www.alexgulotta.com/about/ Alex Gulotta has more than thirty years of experience as a poverty law advocate and more than twenty years as an non-profit executive director. Alex is nationally recognized as a leader in the civil justice and anti-poverty movement. “Alex’s reputation as a determined, ethical, spirited, optimistic, creative and devoted equal justice … Read more