SAENZ V. ROE

Untitled Slide

• Brenda Roe wanted to move to a new state, but the new state didn't provide the same benefits such as Temporary Assistance for Needy Families.

FACTS

• The TANF program grants benefits from the previous state for up to twelve months after moving to a new state.
• Brenda was, therefore, denied the benefits of her new state for the first twelve months

CONSTITUTIONAL QUESTION

• "Does this state statute, authorizing states receiving TANF to pay the benefit amount of another state's TANF to its first year residents, violate the 14th Amendment's right-to-travel protections?"

SUPREME COURT RULE

• Yes, it was unconstitutional
• 7 votes in favor of Roe, 2 votes against

JUSTIFICATION

• The 14th Amendment protects the right to travel in three ways:
• 1.) Citizens have the right to move freely between the states
• 2.) Right to be treated equally in each states while visiting
• 3.) The right of new citizens to be treated like long-term citizens after moving states

MAJORITY OPINION

• Majority opinion was that it was unconstitutional to withhold benefits from new residents of a state based on the 14th Amendment.