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OrtweIn Vs. Schwab

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  • US Supreme Court
  • Mar 05, 1973

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65 entries 10 linked 55 unlinked
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  1. Griswold Vs. Connecticut US Supreme Court · Jun 07, 1965
  2. District of Columbia Vs. Clawans US Supreme Court · Apr 05, 1937
  3. Lindsey Vs. Normet US Supreme Court · Feb 23, 1972
  4. Boddie Vs. Connecticut US Supreme Court · Mar 02, 1971
  5. Shapiro Vs. Thompson US Supreme Court · Apr 21, 1969
  6. Crowell Vs. Benson US Supreme Court · Feb 23, 1932
  7. United States Vs. Kras US Supreme Court · Jan 10, 1973
  8. Goldberg Vs. Kelly US Supreme Court · Mar 23, 1970
  9. Mckane Vs. Durston US Supreme Court · May 14, 1894
  10. Huffman Vs. Boersen US Supreme Court · May 15, 1972
  11. U.S. 656 (1973) U.S. Supreme Court Ortwein v. Schwab
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  12. U.S. 656 (1973) Ortwein v. Schwab
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  13. in welfare payments sought by them has less constitutional significance than the interest of appellants in Boddie v. Connecticut
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  14. a procedure, not conditioned on payment of any fee, through which appellants were able to seek redress. United States v. Kras
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  15. otherwise. 262 Ore. 375, 498 P.2d 757 (1972). We affirm that decision for reasons we found persuasive in United States v. Kras
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  16. P.2d 757 (1972). From this denial the present appeal is taken. I Relying on this Court's opinion in Boddie v. Connecticut
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  17. order in Frederick v. Schwartz
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  18. to appeal an adverse welfare decision, violates the Due Process Clause of the Fourteenth Amendment. In United States v. Kras
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  19. Kras, has far less constitutional significance than the interest of the Boddie appellants. Compare Dandridge v. Williams
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  20. U. S. 471 (1970), and Richardson v. Belcher
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  21. U. S. 78 (1971), with Loving v. Virginia
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  22. Skinner v. Oklahoma
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  23. U. S. 479 (1965), and Eisenstadt v. Baird
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  24. that procedural due process requires that a welfare recipient be given a pre-termination evidentiary hearing. Goldberg v. Kelly
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  25. recognized that, even in criminal cases, due process does not require a State to provide an appellate system. McKane v. Durston
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  26. Griffin v. Illinois
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  27. Dandridge v. Williams
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  28. U. S. 485 -486. No suspect classification, such as race, nationality, or alienage, is present. See Graham v. Richardson
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  29. U. S. 365 , 403 U. S. 372 (1971). The applicable standard is that of rational justification. United States v. Kras
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  30. the State's goal. The requirement of rationality is met. Page 410 U. S. 661 III Relying on Lindsey v. Normet
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  31. is capricious or arbitrary. Affirmed. MR. JUSTICE STEWART dissents, believing that the doctrine of Boddie v. Connecticut
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  32. U. S. 371 (1971), requires reversal of this judgment. See United States v. Kras
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  33. Huffman v. Boersen
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  34. These evidentiary hearings, of course, must meet the minimal requirements of due process. Goldberg v. Kelly
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  35. United States v. Kras
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  36. interests, at least with respect to questions of law, seems to me to be the essence of due process. Cf. Lindsey v. Normet
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  37. that token access cannot satisfy the requirements Page 410 U. S. 663 of due process. See, e.g., Mullane v. Central
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  38. with federal provisions. Moreover, each contends that the administrative hearing was deficient under Goldberg v. Kelly
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  39. required to justify a suspect classification or discrimination which infringes on fundamental rights. See Boddie v. Connecticut
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  40. II The majority affirms the judgment below without the benefit of briefs or argument, relying on United States v. Kras
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  41. supra. Although I did not join the Court's opinion in Boddie v. Connecticut
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  42. with my Brothers DOUGLAS and MARSHALL that this case is distinguishable from our recent decision in United States v. Kras
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  43. that Kras is controlling. On the merits, I would reverse for the reasons stated in my separate opinion in Boddie v. Connecticut
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  44. U. S. 371 , 401 U. S. 386 (1971) (concurring in part). See also United States v. Kras
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  45. Page 410 U. S. 665 MR. JUSTICE MARSHALL, dissenting. I adhere to my dissenting opinion in United States v. Kras
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  46. St. Joseph Stock Yards Co. v. United
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  47. States, 298 U. S. 38 , 298 U. S. 84 (1936) (concurring opinion). Cf. Yakus v. United
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  48. from appellants without affording them a chance to contest the legality of the taking in a court of law. Cf. Fuentes v. Shevin
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  49. U.S. Supreme Court Ortwein v. Schwab
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  50. Frederick v. Schwartz
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