Today in Supreme Court History: September 4, 1851

9/4/1851: Justice Levi Woodbury dies.

Justice Levi Woodbury

Comments

[Dan Schiavetta]

Certain Named and Unnamed Non-Citizen Children and their Parents v. Texas, 448 U.S. 1327 (decided September 4, 1980): Powell restores District Court injunction against Texas law prohibiting state funds from being used to educate undocumented children; notes the open question of "strict scrutiny" as to plaintiffs' Equal Protection argument; Texas in opposition points to increased expense of educating the children, and argues they they would suffer minimal harm because the law has already kept them out of school for five years anyway, but Powell says "the balance of harm weighs heavily on the side of the children" (the Court eventually ruled for them sub nom Plyler v. Doe, 457 U.S. 202, 1982)

[DaivdBehar]

Law in failure.

https://twitter.com/ladyandthemug/status/1566376767585148929

[John F. Carr]

The court in _Plyler v. Doe_, 40 years ago, really did write "undocumented". I thought that was a more modern euphemism. Burger in dissent: "However, the Constitution does not constitute us as 'Platonic Guardians' nor does it vest in this Court the authority to strike down laws because they do not meet our standards of desirable social policy, 'wisdom,' or 'common sense.'"

[Rev. Arthur L. Kirkland]

It seems unfair that Georgetown takes these daily hits to its reputation for making one poor hiring judgment years ago.

[Rev. Arthur L. Kirkland]

A Volokh Conspiracy fan gets his wings clipped.

Guess who hopes to congratulate the lawyers who vindicate this bigot's rights to disrupt a flight?

And guess who is going to continue to be disappointed in modern America?