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Legal Aid News
Links to Resources
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Legal Aid News
Wednesday, April 25, 2001
4:30:22 p.m.
NSW: The
Domestic Violence Solicitor Scheme Pilot
February 28, 2001
USA: United States
Supreme Court Strikes Down Restriction on Legal Services Programs (2/28/01)
In a 5-4 decision on February
28, 2001, the United States Supreme Court held that a congressional restriction on legal
services programs was unconstitutional. The restriction, enacted by the U.S. Congress in
1996, prohibited programs which receive funding from the federal Legal Services
Corporation (LSC) from representing clients who seek to challenge or reform welfare laws
and regulations. Justice Kennedy, writing for the majority in Legal Services Corporation
v. Velazquez, held that the First Amendment does not permit Congress to "define
the scope of the litigation it funds to exclude certain vital theories and ideas."
Justice Stevens was joined by Justices Stevens, Souter, Ginsburg and Breyer for the
majority. Justice Scalia filed a dissenting opinion which was joined by Justices O'Connor
and Thomas and Chief Justice Rehnquist.
(NOTE: Lane County Legal Aid Service receives LSC funds and has been subject to this
restriction since 1996. Lane County Law and Advocacy Center does not receive LSC funds and
has not been subject to this restriction.)
Resources
National Women's Justice Coalition
- Legal Aid Cuts
Includes, News, News Watch (including archive), Background, Senate Legal and
Constitutional Legislation Committee Inquiry on Legal Aid
Legal Aid Western Australia - Families
Attorney General
Legal Aid and Domestic
Violence - 7 November 1997
Legal Aid Around the World
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