Federal Judicial Review of State Welfare Practices

Abstract

No group is more dependent upon public largesse than the recipients of welfare payments. Indeed, the everyday actions of the governmental bureaucracy are, for them, virtual conditions of survival. Despite the preeminent role which administrative decisions play in the lives of these individuals, their interests have not, until recently, been given voice. However, an emerging, militant leadership is revealing to the nation the lawlessness which often characterizes the administration of welfare programs. A major goal of this movement has been to secure federal judicial review of the various types of decisions made in the administration of federally supported, state welfare programs. The path to the federal courts is, however, strewn with a number of potential obstructions. It is the purpose of this Note to examine the various procedural obstacles confronting the welfare claimant and to reveal the ways in which they may be overcome.