Saenz V. Roe - Facts and Procedural History

Facts and Procedural History

In 1997 the two plaintiffs in this case sued in the same court as the prior litigants, this time challenging both the California statute and the PRWORA's durational residency provision. The district court judge, David F. Levi (now Dean of Duke Law School), certified the case as a class action and issued a preliminary injunction. While the state argued that the statute was a legitimate use of its police powers (because it was largely a budgetary measure), Judge Levi still found for the plaintiffs and enjoined enforcement of the statute, on the grounds that it discriminated between newcomers to the state and long-time residents. The United States Court of Appeals for the Ninth Circuit affirmed.

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