Day v. Bond
- Case Date: 10/26/2005
- Project Name: Protecting America's Freedom: National Security and Defense
On June 23, 2008, the U.S. Supreme Court declined to review a federal appeals court ruling that dismissed a challenge to a Kansas statute that discriminates against U.S. citizens who live outside the State. The statute grants illegal aliens the right to attend Kansas universities at in-state rates but denies that same right to U.S. citizens who live outside of Kansas. The order declining review was a setback for WLF, which filed a brief urging the Court to grant review. WLF argued that the Kansas law violates a 1996 federal statute that prohibits States from granting more favorable tuition rates to illegal aliens than they grant to citizens. The trial court dismissed the suit on the ground that the plaintiffs lacked standing to challenge the Kansas law. The U.S. Court of Appeals for the Tenth Circuit affirmed. WLF's brief argued that the Tenth Circuit's narrow view of standing conflicted with decisions both from the Supreme Court and from at least four other federal appeals courts.
More Information and Downloads:
4/18/2008: Download the Brief
10/26/2005: Download the Brief
Litigation Update: Court Declines to Reinstate Challenge to In-State Tuition for Illegal Aliens