Jones v. Milwaukee County

HEFFERNAN, CHIEF JUSTICE

(dissenting). Shapiro v. Thompson, 394 U.S. 618 (1969), until overruled, is controlling precedent and mandates a holding that sec. 49.015, Stats., is unconstitutional. It is clear that the reasoning of Shapiro is applicable to this case. Applying the strict scrutiny mandated by Shapiro, I conclude that the County fails to show a compelling state interest supporting the 60-day residency requirement. Accordingly, I dissent.

In Shapiro, the United States Supreme Court reviewed three separate statutes requiring one year of residency to qualify for welfare assistance. The…