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| Shapiro v. Thompson | |
|---|---|
 | |
| Argued May 1, 1968 Reargued October 23–24, 1968 Decided April 21, 1969 | |
| Full case name | Shapiro v. Thompson |
| Citations | 394 U.S. 618 (more) 89 S. Ct. 1322; 22 L. Ed. 2d 600; 1969 U.S. LEXIS 3190 |
| Argument | Oral argument |
| Case history | |
| Prior | |
| Holding | |
| The fundamental right to travel and the Equal Protection Clause forbid a state from reserving welfare benefits only for persons that have resided in the state for at least a year. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Douglas, Stewart, White, Fortas, Marshall |
| Concurrence | Stewart |
| Dissent | Warren, joined by Black |
| Dissent | Harlan |
| Laws applied | |
| U.S. Const. amends. I, XIV | |
Shapiro v. Thompson, 394 U.S. 618 (1969), was a landmark decision of the Supreme Court of the United States that invalidated state durational residency requirements for public assistance and helped establish a fundamental "right to travel" in U.S. law. Shapiro was a part of a set of three welfare cases all heard during the 1968–69 term by the Supreme Court, alongside Harrell v. Tobriner and Smith v. Reynolds. Additionally, Shapiro, King v. Smith (1968), and Goldberg v. Kelly (1970) comprise the "Welfare Cases", a set of successful Supreme Court cases that dealt with welfare.[1]
Shapiro was not about the issue of welfare per se, but rather about the restrictions to the right to travel and possible violations of the Equal Protection Clause of the 14th Amendment. The question posed by Shapiro was whether Congress, in writing Section 602(b) of the Social Security Act, overstepped its regulating powers by giving states the ability to restrict travel.[2] Although the Constitution does not explicitly mention the right to travel, it is implied by the other rights given in the Constitution.[3][4] In 1969, 43 states had a residency requirement in effect, declared unconstitutional by Shapiro.[1] Within those 43 states, it is estimated by the court that at least 100,000 people - minimum - were unable to get welfare aid. By 1970, there was a 17% increase in those nationally receiving AFDC aid due to Shapiro.[5]: 87–89
- ^ a b West, Guida (1981). The National Welfare Rights Movement : The Social Protest of Poor Women. New York, N.Y: Praeger. pp. 328–345.
- ^ Lampo, Jordan (2023). "The Last Days of the Warren Court: How Justice Brennan Orchestrated Shapiro v. Thompson (1969)". Journal of Supreme Court History. 48 (1): 75–94. doi:10.1353/sch.2023.a897339. S2CID 259331779. Project MUSE 897339.
- ^ United States Supreme Court, Brennan, William J., Jr. (1968). "U.S. Reports: Shapiro v. Thompson, 394 U.S. 618 (1969)". Library of Congress (Periodical). Call Number: KF101, Series: Constitutional Law, Volume 394. pp. 621–642.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ Although the right was recognized under the Equal Protection clause in this case, pre-Fourteenth Amendment, the right to travel was understood as protected by the Privileges and Immunities Clause (Article IV), as a privilege of citizenship, and therefore might have been applied to the states under the Privileges or Immunities Clause of Amendment XIV, as J. Stewart wanted.
- ^ Lawrence, Susan E. (1990). The Poor in Court: The Legal Services Program and Supreme Court Decision Making. Princeton University Press. ISBN 978-0-691-07855-7.