Legal Services Corporation v. Carmen Velazquez, et al. (531 U.S. 533)
U.S. Supreme Court · decided February 28, 2001 · Supreme Court Database (Spaeth)
- Citation
- 531 U.S. 533 · 121 S. Ct. 1043
- Decided
- February 28, 2001
- Term
- October Term 2000
- Vote
- 5–4
- Majority author
- Justice Kennedy
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. In 1974, Congress enacted the Legal Services Corporation Act, 88 Stat. 378, 42 U. S. C. §2996 et seq. The Act establishes the Legal Services Corporation (LSC) as a District of Columbia nonprofit corporation. LSC’s mission is to distribute funds appropriated by Congress to eligible local grantee organizations “for the purpose of providing financial support for legal assistance in noncriminal proceedings or matters to persons financially unable to afford legal assistance.” § 2996b(a). LSC grantees consist of hundreds of local organizations governed, in the typical case, by local boards of directors. In many instances the grantees are funded by a combination of LSC funds and other public or private sources. The grantee organizations hire and supervise lawyers to provide free legal assistance to indigent clients. Each year LSC appropriates funds to grantees or recipients that hire and supervise lawyers for various professional activities, including representation of indigent clients seeking welfare benefits. This suit requires us to decide whether one of the conditions imposed by Congress on the use of LSC funds violates the First Amendment rights of LSC grantees and their clients. For purposes of our decision, the restriction, to be quoted in further detail, prohibits legal representation funded by recipients of LSC moneys if…
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