More Equal than Others, the Burger Court and the Newly Arrived State Resident
Katheryn D. Katz
Albany Law School
New Mexico Law Review, Vol. 20, No. 1, p. 329, 1989
Albany Law School Research Paper
The Burger court created the rule of singular treatment of the newly arrived state residents as part of its equality jurisprudence. Issues have frequently been brought to the Court where newcomers have been denied an equal share of a state’s resources because of their status as newcomers. The Burger Court provided newcomers with protection by invalidating legislative acts on the basis of the illegitimacy of their animating purpose rather than the classification’s irrationality.
This article explores the Court’s decisions in Zobel v. William, Hooper v. Bernalillo County Assessor, and Attorney General of New York v. Soto-Lopez in order to explain the Court’s reasoning. The Burger Court’s decisions were not breaking with precedent, but it did go beyond traditional protection of fundamental rights.
Number of Pages in PDF File: 48
Keywords: Traditional Protection of Fundamental RightsAccepted Paper Series
Date posted: July 11, 2010
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