Legal Opinion

Day v. Bond

Court of Appeals for the Tenth Circuit

Decided August 30, 2007No. 05-3309PublishedCited by 50 opinions

1Opinion of the Court

EBEL, Senior Circuit Judge.

Kristen Day, a group of her fellow students at state universities in Kansas, and several of their parents (collectively, the “Plaintiffs”) seek to overturn a provision of Kansas law that permits certain illegal aliens to qualify for in-state tuition rates. Day and the other Plaintiffs contend that Kansas Statutes § 76-731a unlawfully discriminates against U.S. citizens who are not Kansas residents in violation of the Equal Protection Clause of the Fourteenth Amendment and is preempted by 8 U.S.C. § 1623, a provision of federal immigration law. The district court…

2Cases cited20 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Gonzaga University v. DoeSupreme Court of the United States · 2002
  4. Alexander v. SandovalSupreme Court of the United States · 2001
  5. Havens Realty Corp. v. ColemanSupreme Court of the United States · 1982

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3Cited by50 opinions

  1. Brammer-Hoelter v. Twin Peaks Charter AcademyCourt of Appeals for the Tenth Circuit · 2010
  2. Habecker v. Town of Estes Park, Colo.Court of Appeals for the Tenth Circuit · 2008
  3. Baker v. USD 229 Blue ValleyCourt of Appeals for the Tenth Circuit · 2020
  4. Rural Water Sewer & Solid Waste Management, District No. 1 v. City of GuthrieCourt of Appeals for the Tenth Circuit · 2011
  5. Hendrickson v. AFSCME Council 18Court of Appeals for the Tenth Circuit · 2021

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