Sunday, January 29, 2023

P&I Clause and Resident Tuition

Harvey Grutz III (known in the family as "Harvey three sticks") is a 29 year old married father of 3. He graduated from the University of South Dakota and spent 8 years teaching in the South Dakota public schools. He recently decided to go back to school and was accepted at UNL College of Law.

He moved to Nebraska with his wife, a stay-at-home mom, and his children. He bought a house in Lincoln, acquired a Nebraska driver's license, enrolled his children in Lincoln public schools, became a member of Berean Church in Lincoln, registered to vote and voted in the November general election in Nebraska, got a part-time job in Nebraska, and pays taxes in Nebraska using the "Resident" tax form.

He sounds a lot like some of you. No?

He filed a request at UNL to be classified as a Nebraska resident for purposes of paying tuition, but his request was denied because he is a full time student who moved to Nebraska to attend law school.

At the same time, the state allows undocumented aliens, who although unlawfully in the country nevertheless graduated from a Nebraska High School, to pay in-state tuition

Does this treatment violate Harvey three sticks' rights under the P&I Clause of the 14th Amendment?

Be prepared to argue both sides of this case  in class.

Here is a link to the current UNL policy.

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