SAENZ v. ROE

No. 98-97.

526 U.S. 489 (1999)

SAENZ, DIRECTOR, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, et al. v. ROE et al., on BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED

United States Supreme Court.

Decided May 17, 1999.


Attorney(s) appearing for the Case

Theodore Garelis, Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Daniel E. Lungren, Attorney General, Charlton G. Holland III, Senior Assistant Attorney General, Frank S. Furtek, Supervising Deputy Attorney General, and Janie L. Daigle, Deputy Attorney General.

Solicitor General Waxman argued the cause for the United States as amicus curiae in support of petitioners in part and respondents in part. With him on the brief were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Edward C. DuMont, Mark B. Stern, Kathleen Moriarty Mueller, and Peter J. Smith.

Mark D. Rosenbaum argued the cause for respondents. With him on the brief were David S. Schwartz, Daniel P. Tokaji, Evan H. Caminker, Laurence H. Tribe, Martha F. Davis, Karl Manheim, Steven R. Shapiro, Alan L. Schlosser, Richard Rothschild, Clare Pastore, and Jordan C. Budd.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Thomas, J., joined, p. 511. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, p. 521.


Justice Stevens, delivered the opinion of the Court.

In 1992, California enacted a statute limiting the maximum welfare benefits available to newly arrived residents. The scheme limits the amount payable to a family that has resided in the State for less than 12 months to the amount payable by the State of the family's prior residence. The questions presented by this case are whether the 1992 statute was constitutional when...

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