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Ortwein v. Schwab, 410 U.S. 656 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ortwein v. Schwab, 410 U.S. 656 (1973)
Ortwein v. Schwab No. 72-5431 Decided March 5, 1973 410 U.S. 656
APPEAL FROM THE SUPREME COURT OF OREGON
Syllabus
Appellants challenge the constitutionality of a $25 filing fee, which they were allegedly unable to pay, required to be paid in the state appellate court where they sought review of agency determinations resulting in their receiving reduced welfare payments.
Held: Appellants were not deprived of due process, since the increase in welfare payments sought by them has less constitutional significance than the interest of appellants in Boddie v. Connecticut, 401 U.S. 371, and since evidentiary hearings provided a procedure, not conditioned on payment of any fee, through which appellants were able to seek redress. United States v. Kras, 409 U.S. 434. Nor is the filing fee requirement violative of equal protection, since the applicable standard in the area of social and economic regulation when a suspect classification is not present is rational justification and here the requirement of rationality is met.
262 Ore. 375, 498 P.2d 757, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Ortwein v. Schwab, 410 U.S. 656 (1973) in 410 U.S. 656 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=AXLYAKVTSESTFCW.
MLA: U.S. Supreme Court. "Syllabus." Ortwein v. Schwab, 410 U.S. 656 (1973), in 410 U.S. 656, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AXLYAKVTSESTFCW.
Harvard: U.S. Supreme Court, 'Syllabus' in Ortwein v. Schwab, 410 U.S. 656 (1973). cited in 1973, 410 U.S. 656. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=AXLYAKVTSESTFCW.
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