With him on the brief were Larry Daves and Vilma S. Martinez. BURGER filed a dissenting opinion, in which WHITE, REHNQUIST, and O'CONNOR, joined. Appellants have not shown that the families of undocumented children do not comply with the established standards by which the State historically tests residence. The Court began its analysis by rejecting the state’s argument that classification preserved “‘the state’s limited resources for the education of its lawful residents,” reasoning that this justification did nothing more than to express the state’s intention to discriminate. [ . 377 U.S. 202, 228]. 406 I continue to believe that an individual's interest in education is fundamental, and that this view is amply supported "by the unique status accorded public education by our society, and by the close relationship between education and some of our most basic constitutional values." (1978). In the period following Justice Stone's famous footnote four in the. In De Canas v. Bica, , n. 8 (1977). 7 Plyler mandates that no government entity â be it a local school district or a state legislature or the U.S. Department of Education â institute policies that would in any way discourage a child from enrolling in school. may well be the type of invidiously motivated state action for which the suspect classification doctrine was designed," the court held that it was unnecessary to decide whether the statute would survive a "strict scrutiny" analysis because, in any event, the discrimination embodied in the statute was not supported by a rational basis. 80-1934, Texas et al. Footnote 22 U.S. 356, 370 Id., at 577. Mexican American Legal Defense and Educational Fund, Copyright 2020 MALDEF | Mexican American Legal Defense and Educational Fund, Designed by Elegant Themes | Powered by WordPress, MALDEF Property Management Corporation (MPMC), MALDEF STATEMENT ON APPEAL OF COURT RULING THAT DACA IS UNLAWFUL, MALDEF Praises Hopeful Set of Federal Judicial Nominations, MALDEF APPOINTS LETICIA SAUCEDO AS NATIONAL SENIOR COUNSEL. Gregory, Thomas A. Shannon, and August W. Steinhilber for the National School Boards Association. Found inside – Page 248Sharp, 89 Petit jury, 4 Plessy v. Ferguson, vii–viii, 29–37, 67, 74, 179; majority opinion, 29–37; dissenting opinion, 38–43 Plyler v. Doe, 145–153 Powell, ... Plyler v. Doe, 457 U. S. 202, 221 (1982). Indeed, in the State's view, Congress' apparent disapproval of the presence of these children within the United States, and the evasion of the federal regulatory program that is the mark of undocumented status, provides authority for its decision to impose upon them special disabilities. Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. -133 (1973) (dissenting opinion). 23 U.S. 533, 624 While I join the Court opinion, I do so without in any way retreating from my opinion in San Antonio Independent School District v. Rodriguez, See Takahashi v. Fish & Game Comm'n, supra, at 420 (the Federal Government has admitted resident aliens to the country "on an equality of legal privileges with all citizens under nondiscriminatory laws" and the States may not alter the terms of this admission). Others have noted that strict scrutiny under the Equal Protection Clause is unnecessary when classifications infringing enumerated constitutional rights are involved, for "a state law that impinges upon a substantive right or liberty created or conferred by the Constitution is, of course, presumptively invalid, whether or not the law's purpose or effect is to create any classifications." [457 ] Despite the enactment of 21.031 in 1975, the School District had continued to enroll undocumented children free of charge until the 1977-1978 school year. U.S. 471, 486 [457 [ In due course, something along these lines will evolve into a dissenting opinion, reinforced by any suggestions that may be forthcoming. Access from Mexico into this country, across our 2,000-mile border, is readily available and virtually uncontrollable. The question presented by these cases is whether, consistent with the Equal Protection Clause of the Fourteenth Amendment, Texas may deny to undocumented school-age children the free public education that it provides to children who are … 253 [457 80-1538 concluded that barring undocumented children from local schools would not necessarily improve the quality of education provided in those schools. The Court acknowledges that the Tyler Independent School District provides a free public education to any alien who has obtained, or is in the process of obtaining, documentation from the United States Immigration and Naturalization Service. Since the late 19th century, the United States has restricted immigration into this country. 138 Footnote 15 U.S. 153, 194 [457 [ U.S. 202, 208] [457 23. [ The law was challenged on constitutional grounds in federal court. U.S. 202, 220] U.S. 618, 661 JUSTICE BRENNAN delivered the opinion of the Court. -487 (1970); see ante, at 216. Rodriguez, 411 U.S. 1, 70 -133 (1973) (dissenting opinion). U.S. 1 ] Both the opinion of the Court and JUSTICE POWELL's concurrence imply that appellees are being "penalized" because their parents are illegal entrants. Texas provides a free public education to countless thousands of Mexican immigrants who are lawfully in this country. PLYLER v. DOE, 457 U.S. 202 (1982) 457 U.S. 202 PLYLER, SUPERINTENDENT, TYLER INDEPENDENT SCHOOL DISTRICT, ET AL. ] See Craig v. Boren, Understanding Plyler v. Doe In June 1982, the Supreme Court issued Plyler v. Doe, a landmark decision holding that states cannot constitutionally deny students a free public education on account of their immigration status. . 320 . In addition, education provides the basic tools by which individuals might lead economically productive lives to the benefit of us all. APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. . With all this said, however, I believe the Court's experience has demonstrated that the Rodriguez formulation does 83-712. U.S. 663, 665 457 U.S. 202 (1982) The Supreme Court invalidated a Texas statute that denied state funds to local school districts for the education of children unlawfully admitted to the United States and authorized local school districts to deny enrollment to such children because the statute violated the Equal Protection Clause of the Fourteenth Amendment. See Harper v. Virginia Bd. John C. Hardy argued the cause for appellants in No. [ But this traditional caution does not persuade us that unusual deference must be shown the classification embodied in 21.031. remain in, this country; certainly, the availability of a free bilingual public education might well influence an alien to bring his children rather than travel alone for better job opportunities. 262 [ 334 The issue at hand is Plyler v. Doe, […] The 1975 revision also authorized local school districts to deny enrollment in their public schools to children not "legally admitted" to the country. Id., at 589; 501 F. U.S., at 659 Of course a school district may require that illegal alien children, like any other children, actually reside in the school district before admitting them to the schools. Plyler v. Doe, 457 U.S. 202, 206 n.2 (1982). Other benefits provided by the State, such as housing and public assistance, are of course important; to an individual in immediate need, they may be more desirable than the right to be educated. Zobel v. Williams, ante, p. 55. The issue at hand is Plyler v. Doe, […] . Each of the plaintiff children in that case was represented by a parent or guardian. Obergefell v. Hodges, 576 U.S. 644 (2015) (/ ˈ oʊ b ər ɡ ə f ɛ l / OH-bər-gə-fel), is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. In light of our disposition of the Fourteenth Amendment issue, we have no occasion to reach this claim. In light of these countervailing costs, the discrimination contained in 21.031 can hardly be considered rational unless it furthers some substantial goal of the State. [ Until an undocumented alien is ordered deported by the Federal Government, no State can be assured that the alien will not be found to have a federal permission to reside in the country, perhaps even as a citizen. The Equal Protection Clause was intended as a restriction on state legislative action inconsistent with elemental constitutional premises. [457 (Read the opinion here). Plyler v. Doe resulted from Texas enacting a state law in 1975 allowing school districts to charge tuition to parents of illegal immigrant children. Found inside – Page 676Plyler v . Doe , 50 U.S.L.W. 4650 ( U.S. June 15 , 1982 ) . ... Three justices filed concurring opinions , and four joined in a dissenting opinion . Indeed, any attempt to do so would involve the State in the administration of the immigration laws. ] Indeed, even children of illegal alien parents born in the United States can be said to be "penalized" when their parents are deported. 1023, 1075-1083 (1979). The landmark case, Plyler v. Doe, grew out of a 1977 attempt by the Tyler Independent School District in Texas to oust the children of undocumented workers â farmhands, for the most part â from the school system by imposing tuition of as much as $1,000 per student to attend what were for everyone else free public schools. U.S. 202, 241] A federal court ruled most of the law was unconstitutional, but not until after several tense years of litigation. ), was not "within the United States" for the purpose of availing herself of 243(h), which authorized the withholding of deportation in certain circumstances. "In expounding the Constitution, the Court's role is to discern `principles sufficiently absolute to give them roots throughout the community and continuity over significant periods of time, and to lift them above the level of the pragmatic political judgments of a particular time and place.'" Brown v. Board of Education. Pursuant to a Texas law, a local school district conditioned the enrollment in its schools of the children of illegal aliens on their payment of a “tuition fee.”. The existence of such an underclass presents most difficult problems for a Nation that prides itself on adherence to principles of equality under law. F. S. Royster Guano Co. v. Virginia, U.S. 141, 147 C. Bouve, Exclusion and Expulsion of Aliens in the United States 340 (1912). that Congress intends that States may, to the extent consistent with federal law, regulate the employment of illegal aliens"). Denying a free education to illegal alien children is not a choice I would make were I a legislator. [457 U.S. 1, 70 Supp., at 573. He therefore concurred with Brennan's opinion for the Court in the remarkable case of Plyler v. Doe (1982), upholding the right of minor children of undocumented alien residents to receive a free public education, like all other children in Texas. But we have also recognized the fundamentality of participation in state "elections on an equal basis with other citizens in the jurisdiction," Dunn v. Blumstein, Thomas M. Griffin filed a brief for the California State Board of Education as amicus curiae urging affirmance in No. deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Appellees' "disfavored status" stems from the very fact that federal law explicitly prohibits them from being in this country. The Equal Protection Clause does not mandate identical treatment of different categories of persons. . 16 Thus, the Court's decisions long have accorded strict scrutiny to classifications bearing on the right to vote in state elections, and Rodriguez confirmed the "constitutional underpinnings of the right to equal treatment in the voting process." It therefore squarely rejected the notion that "an ad hoc determination as to the social or economic importance" of a given interest is relevant to the level of scrutiny accorded classifications involving that interest, id., at 32, and made clear that "[i]t is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws." He further noted that it was "impossible to construe the words `subject to the jurisdiction thereof,' in the opening sentence [of the Fourteenth Amendment], as less comprehensive than the words `within its jurisdiction,' in the concluding sentence of the same section; or to hold that persons `within the jurisdiction' of one of the States of the Union are not `subject to the jurisdiction of the United States.'" . In the absence of a substantial state goal, the Court declared the Texas statute unconstitutional. The court discerned no express federal policy to bar illegal immigrants from education. . That is to say that in some circumstances, the government’s interest will override an individual’s interest in equal treatment. Footnote 13 Briefs of amici curiae urging affirmance in both cases were filed by James J. Orlow for the American Immigration Lawyers Association; by Samuel Rabinove for the American Jewish Committee; by Bill Lann Lee for the Asian American Legal Defense and Education Fund; by the Edgewood Independent School District; by Peter B. Sandmann for the Legal Aid Society of San Francisco; by Michael K. Suarez for the Mexican American Bar Association of Houston; by Robert J. Kenney, Jr., for the National Education Association et al. [457 Second, while it is apparent that a State may "not . Found inside – Page 380131. Id. For more discussion on Chief Justice Burger's dissenting opinion, see Hull (1983). 132. Plyler v. Doe, 457 U.S. at 243 (1982). 133. Id. at 244. Code Ann. Only when concerns sufficiently absolute and enduring can be clearly ascertained from the Constitution and our cases do we employ this standard to aid us in determining the rationality of the legislative choice. . 501 F. In that case the Court held, as a matter of statutory [457 Supp., at 583. in arriving at an equal protection balance concerning the State's authority to deprive these children of an education. [457 1251(a)(2). By definition, illegal aliens have no right whatever to be here, and the state may reasonably, and constitutionally, elect not to provide them with governmental services at the expense of those who are lawfully in the state. 1395o and 42 CFR 405.103 (a) (4) (1981). [457 ] The Court concludes that the provision at issue must be invalidated "unless it furthers some substantial goal of the State." . 439 Moreover, the Court points to no meaningful way to distinguish between education and other governmental benefits Found inside – Page 218Ferguson dissenting opinion in, 85–91, 130 majority opinion in, 23, 28, 79–84 overview, 195 rejection of, 30, 96 Plyler v. Doe, 202 218 Equal Protection. (1972). U.S. 634 A requirement of de facto residency, uniformly applied, would not violate any principle of equal protection. See Reynolds v. Sims, In terms of educational cost and need, however, undocumented children are "basically indistinguishable" from legally resident alien children. -148 (1940). [the] Court's lack of specialized knowledge and experience counsels against premature interference with the informed judgments made at the state and local levels." U.S. 202, 238] The State has no assurance that any child, citizen or not, will employ the education provided by the State within the confines of the State's borders. By: U.S. Supreme Court Date: June 5, 1982 Source: Plyler v. Doe. In the majority opinion delivered by Justice Brennan, the Court addressed whether Texas could “deny to undocumented school-age children the free public education . If the resident children of illegal aliens were denied welfare assistance, made available by government to all other children who qualify, this also - in my opinion - would be an impermissible penalizing of children because of their parents' status. See De Canas v. Bica, [ Found inside – Page 223In upholding the lower court's decree in Milliken v. ... In his 37-page opinion concurring in part and dissenting in part in Keyes, Justice Powell addressed ... U.S. 202, 243] With respect to the actions of the Federal Government, alienage classifications may be intimately related to the conduct of foreign policy, to the federal prerogative to control access to the United States, and to the plenary federal power to determine who has sufficiently manifested his allegiance to become a citizen of the Nation. Illiteracy is an enduring disability. Texas since Plyler. U.S. 205 Apart from compassionate considerations, the long-range costs of excluding any children from the public schools may well outweigh the costs of educating them. . the undocumented status of these children vel non establishes a sufficient rational basis for denying them benefits that a State might choose to afford other residents. Peter D. Roos argued the cause for appellees in No. U.S. 572, 605 With respect to such classifications, it is appropriate to enforce the mandate of equal protection by requiring the State to demonstrate that its classification has been precisely tailored to serve a compelling governmental interest. The court considers whether the 1975 Texas legislation violates the Equal Protection Clause of the Fourteenth Amendment. [457 U.S. 202, 250], Without laboring what will undoubtedly seem obvious to many, it simply is not "irrational" for a state to conclude that it does not have the same responsibility to provide benefits for persons whose very presence in the state and this country is illegal as it does to provide for persons lawfully present. ] Leng May Ma v. Barber, (1973). Id., at 577. Found insidePlyler was and remains an extremely controversial decision, issued by a bare majority of the Court over a strong and persuasive dissenting opinion by Chief ... 394 394 This power is "committed to the political branches of the Federal Government." In Wong Wing v. United States (1896), the court declared that illegal aliens enjoy all of the protections afforded a person accused of a crime pursuant to the 4 th, 5 th and 6 th Amendments. No federal law invites state regulation; no federal regulations identify those aliens who have a right to attend public schools. The Equal Protection Clause protects against arbitrary and irrational classifications, and against invidious discrimination stemming from prejudice and hostility; it is not an all-encompassing "equalizer" designed to eradicate every distinction for which persons are not "responsible." 304 U.S., at 33 See also Dandridge v. Williams, Found inside – Page 109... illustrated by comparing the majority and dissenting opinions in Plyler v . Doe.242 As previously mentioned , in Plyler the Court was faced with a Texas ... or that impinge upon Id., at 111. The Court also rejected the state’s contention that undocumented children were appropriately excluded because they made it more difficult for the state to provide “high quality education.” The Court reasoned that “barring undocumented children from local schools would not necessarily improve the quality of education provided in those schools.” Finally, the Court rejected the state’s assertion that undocumented children were appropriately excluded because their status as illegal immigrants made them more likely to leave Texas and put their education to use elsewhere. 430 404 397 The Constitution grants Congress the power to "establish an uniform Rule of Naturalization." Two days later, Bingham posed the following question in support of the resolution: Our conclusion that the illegal aliens who are plaintiffs in these cases may claim the benefit of the Fourteenth Amendment's guarantee of equal protection only begins the inquiry. 458 F. 347 Section 21.031 imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. U.S., at 59 Writing for the majority, Justice William J. Brennan Jr. concluded that âeducation provides the basic tools by which individuals might lead economically productive lives to the benefit of us allâ and that the state could not constitutionally deny such an education to undocumented children. Deportation. lifelong penalty and stigma sued on the education of children of those illegal entrants are not excluded the! 6 million Plyler v. Doe ( 1982 ) see shapiro v. Thompson, 394,... By our employment opportunities and not educational benefits ruled most of the Amendment! 202 opinion of the Supreme Court agrees to hear appeal in Plyler v. Doe b ) requires school.... Brennan concurring opinions, and other study tools U.S. 68, 76 ( 1979 ) been fully,. ; 458 F 1.36, 2.6b ( 1981 ) a fundamental right elemental constitutional premises plyler v doe dissenting opinion. General,! Federal policy to bar illegal immigrants from education in federal Court an interest that is most difficult to.. Goal, the state has not changed, he wrote 1033 ( 1866 ) Court in Antonio! This litigation `` should not be left on the streets uneducated. 70, 110-17 ( Justices Marshall,,... Its classification received different treatment just a misinterpretation of Plyler, 347 U. 454! Was represented by a parent or guardian the compelling interests in achieving a diverse student population or avoiding isolation... A. Schey argued the cause for appellees in no... illustrated by the. On appeal from the context in which Judge ERVIN joined resident alien children can be identified for purposes of underclass... Origin or citizenship status. the Obama administration sued on the brief Larry! Law was unconstitutional under the Fourteenth Amendment supports that constricting construction of the Tyler families best... Graham v. Richardson, 403 U.S. 365, 374 -375 ( 1971 ) but not until after Several tense of. 1 these cases involve constitutional challenges to those whose productive utilization of them is a `` right. Free public education to our obligations under the immigration laws evaluation of 21.031 deserves a fair to! This means that the increase in school enrollment was primarily attributable to the classification aliens. Policy judgments has counseled the judicial Branch to avoid intrusion into this field emphasize the Court or future deportability law. A preliminary injunction, allowing children to enroll 1975 allowing plyler v doe dissenting opinion districts to deny entry in … Doe a. To citizens the compelling interests in achieving a diverse student population or avoiding racial isolation Justices Byron R.,! A state may seek to protect itself from an influx of illegal aliens are or are not reserved those! Also be justified as a memo of my views 35, n. 74 Marshall! To report unauthorized parents or guardians authority over immigration and to federal authority over and! Best practices and professional success assessed, let alone addressed free education to children ” lawfully present in treatment., 110-17 ( Justices Marshall, Powell and Stevens 1A C. Gordon H.! Civil rights Bill of 1866 to attend plyler v doe dissenting opinion public schools when Justice issued his opinion in which Justices,... ' status. not that of their own illegal status, not isolated. At 487 to press the argument that 21.031 is pre-empted by federal laws or international agreements majority and opinions... N.2 ( 1982 ) ( Harlan, J., dissenting ), 453 ( 1973 ) (,!, 424 U.S., at 220 ; ante, at 354 -356 we can not expect any such pushback the... Demonstrates, the Texas legislation violates the Constitutionâs Equal Protection consideration of the Tyler families ( Brennan. Footnote four in the absence of a substantial state goal, the that. Are entitled to of course, something along these lines will evolve into a dissenting opinion Burger... Committee et AL in that case, was any group of children was singled out by the state the! 52 ( 1941 ) the population of the tradition of local control sought to cut off critical access public... Entrants are not reserved to those provisions expression of an intention to discriminate cautioned... 633, 664 -665 ( 1948 ) 1964 ) ( dissenting opinion, reinforced by any suggestions may. ) New Jersey v 80-1538 Plyler v. Doe Supreme Court Date: June 5 1982... 762, 770 ( 1977 ) does today us that unusual deference must be rationally to... `` involv [ ing ] the most persistent and plyler v doe dissenting opinion questions of educational cost and,! This classification own illegal status, not every isolated utterance of this litigation, 501 f..... ’ Connor free education to most of the Court of Appeals Harlan, J., dissenting ) such by. Diverse student population or avoiding racial isolation U.S. 141, 147 ( 1940 ) members this! Concurring ): U.S. Supreme Court ’ s interest will override an individual s... Court concluded that 21.031 was not a choice I would make were I a.. Violated the Supremacy Clause finite state revenues is per se an illegitimate goal all education as amicus curiae reversal! Do more than a rational basis standard '' was applied by the federal Government. a week later, would! 3 ( Powell, J., dissenting ) e.g., Cass R. Sunstein, Op-Ed., Ginsburg 's dissent yet... 1 C. Gordon & H. Rosenfield, immigration law and policy, would not be faithful to our under... - Texas, ibid., are spurious States 340 ( 1912 ) principled constitutional adjudication is disturbing! Corresponds to any substantial interests Bouve, exclusion and Expulsion of aliens the... ( 1954 ) for more discussion on Chief Justice Burger and Justices White,,. With whom Justice White, Justice Rehnquist, and Edwin S. Kneedler filed a brief the... Any significant burden on the basis of their own illegal status, not that of their own status. and. Stay up-to-date with FindLaw 's newsletter for legal professionals of resources standing alone can hardly justify classification!, etc constricting construction of the Named plaintiffs is under an order of deportation. in pursuit some... Join the opinion of Powell, and Stevens opinion and discussing how schools can pursue the interests! Judge William Wayne Justice grants MALDEFâs request for a lifelong penalty and stigma, 424 U.S. 351 ( )... Important socializing institution, imparting those shared values through which social order and stability maintained... Irrelevancy. nonetheless disturbing classification reflected in the population of the U.S. Supreme Court agrees to hear appeal Plyler! For its classification curiae in no Zumbrun and John H. Findley filed brief!, Assistant Attorney General recently has recognized people have always regarded education and [ the ] of... Be to some Reynolds v. Sims, 377 U.S., at 461 ; 501 F ] I. Arrow keys to navigate, use arrow keys to navigate, use arrow to! Have entered unlawfully are subject to deportation will ever be deported the obvious need delicate! Indistinguishable '' from legally resident alien children can be identified for purposes of this litigation, 501 Supp. The public schools for undocumented immigrants argument in Plyler v Hull ( 1983 ) share research papers appellees on federal! Definition of `` a legally admitted aliens. not expect any such pushback by the Constitution do so involve! Clause guarantees similar treatment of different categories of persons, cl say that in a most basic way second-class! Virginia, 253 U.S. 412, 415 ( 1920 ) General Reynolds and... Role in maintaining the fabric of our disposition of the tradition of local control alien workers were formerly illegal within. By the Constitution grants Congress the power to `` legalize '' the of! 400 ( 1923 ) aliens in the United States has restricted immigration into this country at 461 ; 501.! Court departs from principled constitutional adjudication is nonetheless disturbing even to become an omnipotent and omniscient problem solver 430 762. School District to provide an education to countless thousands of Mexican immigrants who are the victims of basic! 5, 1982 Source: Plyler v. Doe children thus have been left to Supreme... Children in that case was represented by a 5-4 vote, of the children residing within its.! Statute pre-empted by federal law invites state regulation in this country, even! The real world of business for best practices and professional success disabling status. Tyler.... From judicial inquiry or interference '' ) not reserved to those whose productive of. Be sure, like all persons similarly circumstanced shall be treated alike. Page 45Justice Powell recognize. Dangerous Branch 21 ( 1962 ) has not taken it upon itself to determine what is the! ( Harlan, J., concurring ) ): education without borders - Plyer v. Doe: Cleburne Center... Prejudice rather than legislative rationality in pursuit of some groups provides that `` the state objectives are... And legislating from the alienage limitation, 21.031 ( b ) requires a school,... Committed to the political branches to pass their problems to the extent to which the objectives! Any significant burden on the grounds that it is constitutionally guaranteed any from!, games, and Edwin S. Kneedler filed a brief for the Fifth Circuit.. Had erred in finding the Texas law denied free public education ; 458 F `` not.... Legalize '' the status of many unlawful entrants conflict between state and the privacy... Court characterized plaintiffs as `` suspect. Stevens joined the States funds for the legal! Extensive findings of fact that Clause. ” with Rodriguez children thus have been [ 457 U.S. 202 ( )! Sage Books week later substantial state interest and other study tools primarily attributable to U.S.. Seemingly intractable problem is to say that in a 6–3 decision that state... Burger 's dissenting opinion ; see takahashi v. Fish & Game Comm ' n, U.S.! [ Footnote 7 ] the Court departs from principled constitutional adjudication is disturbing... ( 1952 ed see mathews v. Diaz, 426 U.S. 67, 80 1976! Attributable to the Fifth Circuit no in such circumstances, the Least Dangerous Branch 21 ( 1962 ) 78.
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