New York regulation permitting the State to recoup prior unscheduled payments for rent from subsequent grants under the AFDC program violates the Equal Protection Clause of the Fourteenth Amendment.
The Hyde Amendment, by denying public Medicaid funding for certain medically necessary abortions, does not contravene the liberty or equal protection guarantees of the Due Process Clause of the Fifth Amendment, or either of the Religion Clauses of the First Amendment.
Funding restrictions imposed by Congress prohibiting LSC attorneys from representing clients attempting to amend (or challenge) existing welfare law violated First Amendment guarantees of free speech because LSC’s regulations were viewpoint-based restrictions of private speech.
For recipients of federal AFDC benefits, federal work rules do not generally pre-empt state work rules. Unusually, post-enactment congressional legislative debates in reaction to the lower court decision influenced the Supreme Court. (Opinion was for two bundled cases.)
Biographical / Historical Alexander Forger graduated from Princeton University with an A.B.; and from Yale University Law School, LL.B (1950). After graduation from law school, Mr. Forger joined the firm of Harrison Tweed which would eventually become Milbank, Tweed, Hadley & McCloy LLP. He became a Partner with Milbank, Tweed, Hadley & McCloy LLP in … Read more
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