Morales santana 582 us no 151191 slip op 1417 2017

Info icon This preview shows pages 338–340. Sign up to view the full content.

Morales-Santana, 582 U.S. ___, No. 15–1191, slip op. 14–17 (2017) (distinguishing between immigration and citizenship contexts and applying heightened scrutiny to hold that a derivative citizenship statute which discriminated by gender violated equal protection principles). 2170 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 338

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

est equal protection decisions struck down the administration of a facially lawful licensing ordinance that was being applied to dis- criminate against Chinese. 1855 In many subsequent cases, however, the Court recognized a permissible state interest in distinguishing between its citizens and aliens by restricting enjoyment of re- sources and public employment to its own citizens. 1856 But, in Hirabayashi v. United States , 1857 the Court announced that “[d]is- tinctions between citizens solely because of their ancestry” were “odi- ous to a free people whose institutions are founded upon the doc- trine of equality.” And, in Korematsu v. United States , 1858 classifications based upon race and nationality were said to be suspect and sub- ject to the “most rigid scrutiny.” These dicta resulted in a 1948 de- cision that appeared to call into question the rationale of the “par- ticular interest” doctrine under which earlier discrimination had been justified. In the 1948 decision, the Court held void a statute bar- ring issuance of commercial fishing licenses to persons “ineligible to citizenship,” which in effect meant resident alien Japanese. 1859 “The Fourteenth Amendment and the laws adopted under its au- thority thus embody a general policy that all persons lawfully in this country shall abide ‘in any state’ on an equality of legal privi- leges with all citizens under nondiscriminatory laws.” Justice Black said for the Court that “the power of a state to apply its laws exclu- sively to its alien inhabitants as a class is confined within narrow limits.” 1860 Announcing “that classifications based on alienage . . . are in- herently suspect and subject to close scrutiny,” the Court struck down state statutes which either wholly disqualified resident aliens for welfare assistance or imposed a lengthy durational residency re- quirement on eligibility. 1861 Thereafter, in a series of decisions, the 1855 Yick Wo v. Hopkins, 118 U.S. 356 (1886). 1856 McGready v. Virginia, 94 U.S. 391 (1877); Patsone v. Pennsylvania, 232 U.S. 138 (1914) (limiting aliens’ rights to develop natural resources); Hauenstein v. Lynham, 100 U.S. 483 (1880); Blythe v. Hinckley, 180 U.S. 333 (1901) (restriction of devolu- tion of property to aliens); Terrace v. Thompson, 263 U.S. 197 (1923); Porterfield v. Webb, 263 U.S. 225 (1923); Webb v. O’Brien, 263 U.S. 313 (1923); Frick v. Webb, 263 U.S. 326 (1923) (denial of right to own and acquire land); Heim v. McCall, 239 U.S. 175 (1915); People v. Crane, 214 N.Y. 154, 108 N.E. 427, aff’d, 239 U.S. 195 (1915) (barring public employment to aliens); Ohio ex rel. Clarke v. Deckebach, 274 U.S. 392 (1927) (prohibiting aliens from operating poolrooms). The Court struck down a statute restricting the employment of aliens by private employers, however. Truax v. Raich, 239 U.S. 33 (1915).
Image of page 339
Image of page 340
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern