“Visiting this condemnation on the head of an infant is illogical and unjust,” because “legal burdens should bear some relationship to individual responsibility or wrongdoing.” It’s hard to know what Kennedy’s likely replacement, Brett Kavanaugh, would say about whether the Constitution guarantees undocumented migrant children the equal protection of the law. Now she’s applying to work in a plastics factory. Instead of applying the standard of “strict scrutiny” to the Texas law, he applied the lowest level of scrutiny to the law, which is known as the “rational basis test.” He decided that the Texas law failed this test. The Constitution, drafted in the summer of 1787, does not mention a right to education, but the Northwest Ordinance, passed by Congress that same summer, held that “religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.” By 1868 the constitutions of twenty-eight of the thirty-two states in the Union had provided for free public education, open to all. “And so many of those people lost their jobs completely or lost hours, or they work at the flea market selling things, so there’s so many jobs like that, where people lost their very, already very limited income. But other Justices, who wanted to uphold the lower court’s decision, sought to move Brennan further to the left. Elicker and Board of Alders members say they will announce a new executive order Thursday designed to “strengthen” the city’s efforts to serve as a sanctuary city for undocumented immigrants, according to an email. Education is not a constitutional right, he wrote, “but neither is it merely some governmental ‘benefit.’ ” Undocumented migrants are not a suspect class, but their children are vulnerable, and laws that discriminate against them, while not subject to strict scrutiny, deserved “heightened scrutiny.” Powell wrote to Brennan after reading the draft, “Your final product is excellent and will be in every text and case book on Constitutional law.”Plyler is arguably a controlling case in Gary B. v. Snyder, a lawsuit filed against the governor of Michigan, Rick Snyder, by seven Detroit schoolchildren, for violating their constitutional right to an education. The important thing is to have a place of peace, to be with your kids.”María now lives apart from her family, though she still regularly sees her kids, who moved in with her ex-husband. It was presided over by a judge whose name was Justice. He was replaced by Anthony Kennedy. But jobs are still hard to come by.“When I couldn’t find how to pay, I just had to leave,” said María, 47, who is an undocumented immigrant. But, Justice noted, so are other children, including native-born children, and children who have immigrated legally, and their families are not asked to bear the cost of their special education. In Tyler, the assistant attorney general for the State of Texas showed up wearing bluejeans. California and New York considered state provisions that, contrary to the holding in Plyler, would have foreclosed access to undocumented students.
(During a related Texas case—later consolidated with Plyler—a nine-year-old girl spoke to the judge in chambers and told him that, since being barred from school, the only learning she was getting came from poring over the homework done by a younger sibling—an American citizen.)