Toll, President, University of Maryland, et al. v. Moreno et al. (458 U.S. 1)
U.S. Supreme Court · decided June 28, 1982 · Supreme Court Database (Spaeth)
- Citation
- 458 U.S. 1 · 102 S. Ct. 2977
- Decided
- June 28, 1982
- Term
- October Term 1981
- Vote
- 6–3
- Majority author
- Justice Brennan
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Brennan delivered the opinion of the Court. The state-operated University of Maryland grants preferential treatment for purposes of tuition and fees to students with “in-state” status. Although citizens and immigrant aliens may obtain in-state status upon a showing of domicile within the State, nonimmigrant aliens, even if domiciled, are not eligible for such status. The question in this case is whether the University’s in-state policy is invalid under the Supremacy Clause of the Constitution, insofar as the policy categorically denies in-state status to domiciled nonimmigrant aliens who hold G-4 visas. I The factual and procedural background of this case, which has prompted two prior decisions of this Court, requires some elaboration. The focus of the controversy has been a policy adopted by the University in 1973 governing the eligibility of students for in-state status with respect to admission and fees. The policy provides in relevant part: “1. It is the policy of the University of Maryland to grant in-state status for admission, tuition and charge-differential purposes to United States citizens, and to immigrant aliens lawfully admitted for permanent residence in accordance with the laws of the United States, in the following cases: “a. Where a student is financially dependent upon a parent, parents, or spouse domiciled in Maryland for at least six consecutive…
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