Graham v. Richardson
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1971 United States Supreme Court case
Graham v. Richardson | |
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Holding | |
Resident aliens are a suspect class because they are a "discrete and insular minority" as well as politically powerless. Laws discriminating against resident aliens must therefore be held to a strict scrutiny standard. | |
Court membership | |
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Case opinions | |
Majority | Blackmun, joined by Burger, Black, Douglas, Brennan, Stewart, White, Marshall |
Concurrence | Harlan (in judgment and in parts III, IV) |
Graham v. Richardson, 403 U.S. 365 (1971), was a
Harry A. Blackmun.[1]
The state argued that rational basis review should apply, which would require the non-citizen to prove that the law served no conceivable legitimate state interest, or alternatively that the law was not rationally related to the government's purpose. However, the court applied the strict scrutiny standard, holding, "Aliens as a class are a prime example of a 'discrete and insular' minority for whom such heightened judicial solicitude is appropriate."[2]
References
External links
- Text of Graham v. Richardson, 403 U.S. 365 (1971) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)
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