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 | | Needy residents of less than one year’s duration are rejected, without regard to whether they previously lived in the state, whether they came to join relatives, to seek a better job, to take a job, or whether they had a stable residential pattern. |
 | | A durational residence requirement confronts needy families, as it did appellees Smith, with the “choice of remaining in Pennsylvania with no income to maintain themselves, separating the family by placing the children in foster home care, or returning to Delaware.” Limitations so inevitably affecting fundamental liberties must be carefully scrutinized. |
 | | The durational residence requirement discriminates between (1) persons who have been residents of the state for one year or more, who may receive assistance when they become needy, and (2) persons who are residents of the state but for less than a year, who may not. |
| www.yale.edu /lawweb/avalon/curiae/html/394-618/021.htm (10256 words) |
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