Professor Michelman's Quest for a Constitutional Welfare Right
1979 Wash. U. L.Q. 715
20 Pages Posted: 6 Aug 2019
Date Written: July 31, 2019
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
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