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In an effort to lower their welfare expenditures California enacted a law to restructure benefits paid to families under the Aid to Families with Dependent Children AFDC program Under the new law enacted in 1992 AFDC applicants that had resided in California for less than one year would receive benefits at the level paid in their previous state if that amount was lower than the California benefit payment Cal Welf Inst Code Ann 1145003 Because the law effected benefits paid under a federal program the state was required to secure a waiver from the Secretary of Health and Human Services The Secretary granted the waiver but before the policy was implemented two lawsuits were brought challenging various aspects of the welfare reform law One of these cases Beno v Shalala 30 F3d 1057 9th Cir 1994 resulted in nullification of the waiver The other case Green v Anderson 811 F Supp 516 EDCal 1993 affd 26 F3d 95 9th Cir 1994 resulted in an injunction to prevent the state from implementing the tiered benefits based on residency on the grounds that it violated the constitutional right to travel This was affirmed by the Court of Appeals and the Supreme Court granted certiorari However because the Beno ruling had nullified the entire waiver the Court decided against reviewing Green After the repeal of AFDC and the passage of the Personal Responsibility and Work Opportunity Reconciliation Act PRWORA in 1996 California was no longer required to obtain a waiver on the residency policy The state announced that it would begin implementation of the 1992 law Once again new residents to the state who would receive much lower welfare benefits as a result of the policy filed suit in Roe v Anderson The district court held that the residency requirement was unconstitutional The Ninth Circuit again affirmed the decision and the State again filed a petition for certiorari At issue in this case was the constitutionality of
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