GPO-CONAN-2017-10-15.pdf

Morales santana 582 us no 151191 slip op 1417 2017

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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
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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).
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