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Crossing the Border of Plenary Power: The Viability of an Equal Protection Challenge to Title IV of the Welfare Law

Abstract

Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, modified by the 1997 Balanced Budget Act, places significant restrictions on legal aliens' access to public benefits. This Note examines three arguments available to challenge Title IV as a violation of equal protection, and concludes that if a litigant can persuade a court to employ heightened scrutiny, it may hold at least some of Title IV's provisions unconstitutional.

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39 Ariz. L. Rev. 1421 (1997)

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Authors

Stacy Sulman Kahana

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