Legal Services Corp. v. Velazquez PDF

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Constitutional Law II 2020 case brief for legal services corp...

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LEGAL SERVICES CORP. v. VELAZQUEZ 531 U.S. 533 (2001) FACTS: Parties: Appellant: Appellee: Procedural History:  Relevant Facts: 

The Legal Services Corporation Act authorizes the Legal Services Corporation to distribute funds, appropriated by Congress, to local grantee organizations

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The funds provide free legal assistance to indigent clients in welfare benefits claims

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The Omnibus Consolidated Rescissions and Appropriations Act prohibited the LSC from funding any organization that represented clients in an effort to amend or challenge existing welfare law

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The prohibiting was such that grantees could not continue representation in a welfare matter even where a constitutional or statutory validity challenge became apparent after representation was well under way

ISSUE: 

Whether the funding restriction on the LSC, which prevents attorneys from representing clients in an attempt to amend or challenge existing welfare law, violates the 1st Amendment

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW:

 HOLDING: 

Funding restrictions on the LSC, which prevents attorneys from representing clients in an attempt to amend or challenge existing welfare law, violates the 1st Amendment

COURT’S REASONING:  

Violates 1st Amendment by regulating private speech and insulating federal law from legitimate judicial challenge The LSC program was designed to facilitate private speech, not to promote a governmental message

CONCURRING OPINION:  DISSENTING OPINION: ...