Due Process & Equal Protection


Can welfare rights be cut off just because you have more children?

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ArticleNebraska Appleseed filed a class action suit on behalf of disabled women who were on welfare. These women were not able to work due to their disabilities, yet the state argued that they weren't entitled to receive any more money for children born after the mothers went on welfare.  Appleseed's suit alleged the "welfare cap" violated equal protection and due process because children within the same family were being treated differently and because women who cannot work due to their disability were not capable of remedying the problem by obtaining employment. ACLU Nebraska and the ACLU Women's Rights Project filed an amicus brief, urging the court to find in favor of the disabled women. In 2004, the Nebraska Supreme Court agreed, and ordered the state to stop applying the cap.

 

In 1994, a woman took her infant daughter to the hospital with a minor splash burn on her leg from hot water.

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The hospital reported the burn as suspicious, and the woman was questioned by police and a social worker. No legal action was taken against her. In 2001, the woman learned she was listed on the Child Abuse Registry for “Inconclusive” child abuse when she was turned down for a nursing job. The regulations allowed her to appeal this designation within the Department of Health and Human Services, but the DHHS denied the woman’s request for removal from the Registry. We filed an appeal in the District Court for Lancaster County. The Judge ruled for us, stating: “The failings of the pitiful record in this case go on and on. At best this record is non-existent. At worst, the series of events to which the plaintiff has been subjected exemplifies government at its worst. The executive branch may not have its way at all costs and without regards to the rights of the individual citizen to reason and fairness.” The woman’s name has been ordered off the registry.

 




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