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MALDONADO v. HOUSTOUN

No. 97-1893.

157 F.3d 179 (1998)

Edwin MALDONADO; Maria Delores Maldonado, individually and as next friends of Ana Maldonado, Pablo Maldonado, Edwin Maldonado, Rey Maldonado, Yesenia Maldonado, and Jose Maldonado, and on behalf of all others similarly situated; Maria Ortiz; Michael Ortiz, individually and as next friends of Julie Ortiz, Michael Ortiz, and Angelica Ortiz, and on behalf of all other similarly situated; Kensington Welfare Rights Union; Philadelphia Welfare Rights Organization, on behalf of themselves and their members; Traveler's Aid Society of Philadelphia, individually and on behalf of its clients, v. Feather O. HOUSTOUN, Secretary of the Pennsylvania Department of Public Welfare; Don Jose Stovall, Executive Director of the Philadelphia Board of Assistance, both in their official capacities, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 9, 1998.

Attorney(s) appearing for the Case

John G. Knorr, III (Argued), Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, for Appellant.

Susan Frietsche (Argued), Women's Law Project, Philadelphia, PA, for Appellee.

Before: STAPLETON, ROSENN, Circuit Judges, and RESTANI, Judge, United States Court of International Trade.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents a significant constitutional question implicating an aspect of Pennsylvania's recent amendment to its public assistance benefits legislation. Pennsylvania made the change during a recent wave of federal and state welfare reform legislation which swept the nation calling for a reduction in overall welfare expenditures. Specifically, we must decide the constitutionality of § 9(5)(ii) of...

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