1. Graham v. Richardson, (1971)
2. Facts: A state law prohibited aliens from receiving welfare. The state justfication was their interest in preserving the minimal welfare resources for their own citizens.
3. Procedural Posture: Unknown.
4. Issue: Whether denial of welfare benefits to aliens is a violation of equal protection.
5. Holding: Yes.
6. Majority Reasoning: Classifications based on alienage are inherently suspect. Aliens are a prime example of a “discrete and insular” class. [But see Rehnquist’s dissent stating that alienage is not an immutable characteristic]. Also, the federal government has the supreme power to regulate the conduct of aliens - i.e. immigration, naturalization, and conduct before naturalization. Thus, there is an overriding federal interest in preempting this field.
7. Notes: In In Re Griffiths, the court struck down a Conn. law providing that only U.S. citizens could practice law there; and in Sugarman v. Dougall, struck down a New York law providing that only citizens could hold permanent civil service positions. However, Justice Blackmun added that the state does have some power, in an appropriate situation, to require citizenship as a prerequisite for office.
