Search Supreme Court Cases

ORTWEIN V. SCHWAB, 410 U. S. 656 (1973)

U.S. Supreme Court

Ortwein v. Schwab, 410 U.S. 656 (1973)

Ortwein v. Schwab

No. 72-5431

Decided March 5, 1973

410 U.S. 656


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.

Powered by Justia US Supreme Court Center: ORTWEIN V. SCHWAB, 410 U. S. 656 (1973)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.