Shapiro v. Thompson

Shapiro v. Thompson, 394 U.S. 618 (1969), was a landmark decision of the Supreme Court of the United States that invalidated state durational residency requirements for public assistance and helped establish a fundamental "right to travel" in U.S. law. Shapiro was a part of a set of three welfare cases all heard during the 1968–69 term by the Supreme Court, alongside Harrell v. Tobriner and Smith v. Reynolds. Additionally, Shapiro, King v. Smith (1968), and Goldberg v. Kelly (1970) comprise the "Welfare Cases", a set of successful Supreme Court cases that dealt with welfare.

Shapiro was not about the issue of welfare per se, but rather about the restrictions to the right to travel and possible violations of the Equal Protection Clause of the 14th Amendment. The question posed by Shapiro was whether Congress, in writing Section 602(b) of the Social Security Act, overstepped its regulating powers by giving states the ability to restrict travel. Although the Constitution does not explicitly mention the right to travel, it is implied by the other rights given in the Constitution. In 1969, 43 states had a residency requirement in effect, declared unconstitutional by Shapiro. Within those 43 states, it is estimated by the court that at least 100,000 people - minimum - were unable to get welfare aid. By 1970, there was a 17% increase in those nationally receiving AFDC aid due to Shapiro.^: 87–89