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Constitutional Law Keyed to Choper
Graham v. Richardson
Citation:
403 U.S. 365 (1971)Facts
The case consolidated two separate challenges to state welfare laws. In Arizona, Carmen Richardson was a 64-year-old lawfully admitted resident alien who had lived in Arizona since 1956. She was denied assistance for the permanently and totally disabled solely because she failed to meet Arizona’s requirement that aliens reside in the United States for at least 15 years. In Pennsylvania, Elsie Mary Jane Leger and Beryl Jervis were lawfully admitted resident aliens who were denied general assistance benefits solely because of their alienage, while U.S. citizens in identical economic circumstances received benefits. Both states defended their laws on the basis of a “special public interest” in limiting welfare benefits to citizens or longtime resident aliens. The parties stipulated that denial of assistance caused undue hardship to the plaintiffs and discouraged continued residence of indigent aliens in Pennsylvania.
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