Professor Michelman's Quest for a Constitutional Welfare Right

20 Pages Posted: 6 Aug 2019

See all articles by Susan Frelich Appleton

Susan Frelich Appleton

Washington University in St. Louis - School of Law

Date Written: July 31, 2019

Abstract

This brief commentary on an article by Frank Michelman analyzes problems in his welfare-rights thesis and in his efforts to respond to critics, including his attempt to tie his claims to John Hart Ely’s reliance on representation reinforcement as the test for constitutional protection. The commentary identifies additional difficulties for Michelman’s thesis in the Supreme Court’s contemporaneous abortion-funding cases. Nonetheless, given that Michelman’s ideas offer much to admire, the quest for additional answers and support should continue — to quell the skepticism and to produce more durable constitutional theory.

Keywords: welfare rights, poverty, subsistence, representation reinforcement

Suggested Citation

Appleton, Susan Frelich, Professor Michelman's Quest for a Constitutional Welfare Right (July 31, 2019). Washington University in St. Louis Legal Studies Research Paper No. 19-07-03; 1979 Wash. U. L.Q. 715. Available at SSRN: https://ssrn.com/abstract=3430742

Susan Frelich Appleton (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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