GPO-CONAN-2017-10-15.pdf

2084 saenz v roe 526 us 489 50203 1999 2085 dunn v

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2084 Saenz v. Roe, 526 U.S. 489, 502–03 (1999). 2085 Dunn v. Blumstein, 405 U.S. 330, 334 (1972). Because the right to travel is implicated by state distinctions between residents and nonresidents, the relevant constitutional provision is the Privileges and Immunities Clause, Article IV, § 2, cl. 1. 2086 Intrastate travel is protected to the extent that the classification fails to meet equal protection standards in some respect. Compare Hadnott v. Amos, 320 F. Supp. 107 (M.D. Ala. 1970) (three-judge court), aff’d. per curiam, 405 U.S. 1035 (1972), with Arlington County Bd. v. Richards, 434 U.S. 5 (1977). The same principle ap- plies in the commerce clause cases, in which discrimination may run against in- state as well as out-of-state concerns. Cf. Dean Milk Co. v. City of Madison, 340 U.S. 349 (1951). 2087 Shapiro v. Thompson, 394 U.S. 618, 629–31, 638 (1969); Dunn v. Blumstein, 405 U.S. 330, 338–42 (1972); Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974); Jones v. Helms, 452 U.S. 412, 420–21 (1981). See also Oregon v. Mitchell, 2221 AMENDMENT 14—RIGHTS GUARANTEED
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be necessary to promote a compelling governmental interest.” 2088 The constitutional right to travel has long been recognized, 2089 but it is only relatively recently that the strict standard of equal protec- tion review has been applied to nullify durational residency require- ments. Thus, in Shapiro v. Thompson , 2090 durational residency require- ments conditioning eligibility for welfare assistance on one year’s residence in the state 2091 were voided. If the purpose of the require- ments was to inhibit migration by needy persons into the state or to bar the entry of those who came from low-paying states to higher- paying ones in order to collect greater benefits, the Court said, the purpose was impermissible. 2092 If, on the other hand, the purpose was to serve certain administrative and related governmental objec- tives—the facilitation of the planning of budgets, the provision of an objective test of residency, minimization of opportunity for fraud, and encouragement of early entry of new residents into the labor force—then the requirements were rationally related to the pur- pose but they were not compelling enough to justify a classification that infringed a fundamental interest. 2093 In Dunn v. Blumstein , 2094 400 U.S. 112, 236–39 (1970) (Justices Brennan, White, and Marshall), and id. at 285–92 (Justices Stewart and Blackmun and Chief Justice Burger). 2088 Shapiro v. Thompson, 394 U.S. 618, 634 (1969) (emphasis by Court); Gra- ham v. Richardson, 403 U.S. 365, 375–76 (1971). 2089 Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868); Edwards v. California, 314 U.S. 160 (1941) (both cases in context of direct restrictions on travel). The source of the right to travel and the reasons for reliance on the Equal Protection Clause are questions puzzled over and unresolved by the Court. United States v. Guest, 383 U.S. 745, 758, 759 (1966), and id. at 763–64 (Justice Harlan concurring and dissent- ing), id. at 777 n.3 (Justice Brennan concurring and dissenting); Shapiro v. Thomp- son, 394 U.S. 618, 629–31 (1969), and id. at 671 (Justice Harlan dissenting); San Antonio School Dist. v. Rodriguez, 411 U.S. 1, 31–32 (1973); Jones v. Helms, 452 U.S. 412, 417–19 (1981); Zobel v. Williams, 457 U.S. 55, 60 & n.6 (1982), and id. at 66–68 (Justice Brennan concurring), 78–81 (Justice O’Connor concurring).
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