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Intermediate
A state law requires all new residents to wait one year before receiving ordinary welfare benefits available to longer-term residents. The state says the rule saves money. A new resident challenges the law. What scrutiny applies?
Rational basis applies because welfare benefits are not fundamental.
Strict scrutiny applies because the law penalizes the fundamental right to interstate travel by creating durational residency discrimination.
Intermediate scrutiny applies because residency is a quasi-suspect classification.
No scrutiny applies because states may define their own citizenry.
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