Thursday, October 22, 2015

For Thursdays Class: Saenz v. Roe


I will ask you all to apply Saenz v. Roe (p. 924) and the P&I Clause of the 14th to non-resident tuition at state universities. Suppose, for example, a student, (let's call him Jack Bauer) moves to Nebraska from, say, California, to attend law school. The student wishes to become a citizen of Nebraska, and in furtherance of this wish, he registers his car in Nebraska, enrolls his children in the Lincoln public schools, registers to vote in Nebraska, joins a church in Nebraska, purchases a home (and pays property taxes on his home) in Nebraska, and pays "resident" income taxes to Nebraska. Yet, despite all this, UNL insists that he is a nonresident and charges him nonresident tuition (while allowing "resident" illegal aliens to pay in-state tuition). What are Jack's rights under the P&I Clause and Saenz v. Roe?

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