This Article proposes a principle of equal protection based on a "fair distribution" of basic government services and benefits to those with "brutal needs." The author identifies the theoretical perspectives of constitutional interpretation that have influenced the analysis and examines the historical developments that have created the need to change the constitutional treatment of welfare assistance. The author continues on to review the arguments that illustrate the difficulties in developing articulable standards for the Supreme Court to review and attempts to resolve some of the doctrinal problems encountered by the Court. The author concludes that the Court should recognize an intermediate principle that basic government goods and services should be distributed fairly to those in need.
Equal Protection for the Poor: Fair Distribution to Meet Brutal Needs,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss5/4