New Mexico Law Review, Vol. 20, No. 1, p. 329, 1989
48 Pages Posted: 11 Jul 2010
Date Written: 1989
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.
Keywords: Traditional Protection of Fundamental Rights
Suggested Citation: Suggested Citation
Katz, Katheryn D., More Equal than Others, the Burger Court and the Newly Arrived State Resident (1989). New Mexico Law Review, Vol. 20, No. 1, p. 329, 1989 ; Albany Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=1636444