| Graham v. Richardson | |
|---|---|
 | |
| Argued March 22, 1971 Decided June 14, 1971 | |
| Full case name | Graham, Commissioner, Department of Public Welfare of Arizona v. Richardson, et al. |
| Citations | 403U.S.365 (more) 91 S. Ct. 1848; 29L. Ed. 2d 534; 1971U.S. LEXIS 28 |
| Holding | |
| Resident aliens are asuspect class because they are a "discrete and insular minority" as well as politically powerless. Laws discriminating against resident aliens must therefore be held to astrict scrutiny standard. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Blackmun, joined by Burger, Black, Douglas, Brennan, Stewart, White, Marshall |
| Concurrence | Harlan (in judgment and in parts III, IV) |
Graham v. Richardson, 403 U.S. 365 (1971), was aUnited States Supreme Court case in which the Court determined that state restrictions onwelfare benefits for legal aliens but not for citizens violated theEqual Protection Clause of the Fourteenth Amendment. The Court invalidated an Arizona law that required citizenship or 15 years of residence to receive welfare benefits. The 9–0 decision was written byHarry A. Blackmun.[1]
The state argued thatrational basis review should apply, which would require the non-citizen to prove that the law served no conceivable legitimate state interest, or alternatively that the law was not rationally related to the government's purpose. However, the court applied thestrict scrutiny standard, holding, "Aliens as a class are a prime example of a 'discrete and insular' minority for whom such heightened judicial solicitude is appropriate."[2]
 | This article related to a case of theSupreme Court of the United States of theBurger Court is astub. You can help Wikipedia byadding missing information. |