Due Course of Law: The Case to Extend Judicial Review to Applicants and Recipients of Public Benefits in Texas
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Discusses the types of programs affected by the lack of state court judicial review and Texas’s latest attempt to establish judicial review. The authors seek to demonstrate that due process in Texas is lacking for impoverished, disabled, and elderly persons under the Supreme Court standard set forth in Goldberg v. Kelly and Mathews v. Eldridge. Additionally, the authors briefly examine the judicial processes available to persons in Texas contesting state agency decisions. Finally, the authors address the minimal costs it would take to extend state court judicial review and the fundamental fairness state court judicial review would bring to the poor, the elderly, and the disabled citizens of Texas.