2090 394 us 618 1969 2091 the durational residency

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66–68 (Justice Brennan concurring), 78–81 (Justice O’Connor concurring). 2090 394 U.S. 618 (1969). 2091 The durational residency provision established by Congress for the District of Columbia was also voided. 394 U.S. at 641–42. 2092 394 U.S. at 627–33. Gaddis v. Wyman, 304 F. Supp. 717 (N.D.N.Y. 1969), aff’d sub nom. Wyman v. Bowens, 397 U.S. 49 (1970), struck down a provision con- strued so as to bar only persons who came into the state solely to obtain welfare assistance. 2093 394 U.S. at 633–38. Shapiro was reaffirmed in Graham v. Richardson, 403 U.S. 365 (1971) (striking down durational residency requirements for aliens apply- ing for welfare assistance), and in Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974) (voiding requirement of one year’s residency in county as condition to indigent’s receiving nonemergency hospitalization or medical care at county’s ex- pense). When Connecticut and New York reinstituted the requirements, pleading a financial emergency as the compelling state interest, they were summarily rebuffed. Rivera v. Dunn, 329 F. Supp. 554 (D. Conn. 1971), aff’d per curiam, 404 U.S. 1054 (1972); Lopez v. Wyman, Civ. No. 1971–308 (W.D.N.Y. 1971), aff’d per curiam, 404 U.S. 1055 (1972). The source of the funds, state or federal, is irrelevant to applica- tion of the principle. Pease v. Hansen, 404 U.S. 70 (1971). 2222 AMENDMENT 14—RIGHTS GUARANTEED
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where the durational residency requirements denied the franchise to newcomers, such administrative justifications were found consti- tutionally insufficient to justify the classification. 2095 The Privileges or Immunities Clause of the Fourteenth Amendment was the basis for striking down a California law that limited welfare benefits for California citizens who had resided in the state for less than a year to the level of benefits that they would have received in the state of their prior residence. 2096 However, a state one-year durational residency requirement for the initiation of a divorce proceeding was sustained in Sosna v. Iowa . 2097 Although it is not clear what the precise basis of the rul- ing is, it appears that the Court found that the state’s interest in requiring that those who seek a divorce from its courts be genu- inely attached to the state and its desire to insulate divorce de- crees from the likelihood of collateral attack justified the require- ment. 2098 Similarly, durational residency requirements for lower in- state tuition at public colleges have been held constitutionally justifiable, again, however, without a clear statement of reason. 2099 More recently, the Court has attempted to clarify these cases by distinguishing situations where a state citizen is likely to “con- sume” benefits within a state’s borders (such as the provision of wel- fare) from those where citizens of other states are likely to estab- lish residency just long enough to acquire some portable benefit, and then return to their original domicile to enjoy them (such as obtaining a divorce decree or paying the in-state tuition rate for a college education).
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