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.



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