Skip to comments.Judge: Florida cannot charge students non-resident tuition due to parents [10th Amendment Alert]
Posted on 09/04/2012 11:42:25 AM PDT by SoFloFreeper
A federal judge in Miami has ruled that Florida students cannot be charged higher non-resident tuition simply because their parents may be in the U.S. illegally.
U.S. District Judge K. Michael Moore says the rules violate the Constitution. The lawsuit was filed earlier this year by the Southern Poverty Law Center on behalf of students who are U.S. citizens and Florida residents but whose parents cannot prove legal immigration status.
(Excerpt) Read more at articles.orlandosentinel.com ...
Someone help me out...I can’t recall where the Constitution gives the federal judiciary the right to determine individual states’ schools tuition rates.
Do you know if this applies to anchor babies or Dream ACT students? Or both?
Don’t know. My objection is that the federal government is shoving its nasty nose into an affair that is NONE of its business.
I do not understand this story. If, as the summary indicates, the student is a US citizen and a long term resident of Florida, what is the issue? In Florida are all students with parents who are out of state, defined as out of state?
The libtards better be sorry what they wish for here. A lot of tenured professors in the high tuition states in the northeast may see their captive audiences flee to low tuition states in flyover country.
If the SPLC is involved, it is probably an anti American cause.
Figures,... the Southern Poverty Law Center (SPLC) is mixed up in this.
If they are not here legally then they are not “residents” but “long term transients”.
‘splain to me why then as a legal citizen of another state my child would still have to pay out-of-state tuition rate when an ILLEGAL would NOT have to pay?! WTH? Why bother being a citizen who pays taxes to uncle sam, or serving in the military, or abiding by the laws for let’s say registering a vehicle, owning a weapon, driving a car? Does this mean the ILLEGAL kid is given “preferential” status over my kid? Ok, then if that is the case, can I now sue over discrimination?
Just askin’ that’s all...grrrrrr!
If the student is 18 AND a citizen then ok.
If under 18 then custody follows the student.
The southern poverty (communist) law center is the biggest hate group there is.
this is forum shopping. No way they would have filed this in the northern district of FL.
Judge Moore also has his own mental challenges.
The federal judiciary isn’t determining individual states’ tuition rates. The federal judiciary is, however, telling dtates that they must set their tuition rates in a way that is consistent with the 14th amendment of the Constitution, which states that all persons born in the US (other than children of diplomats and similarly-situated people) are citizens, and that states may not deprive citizens of equal protection of the laws.
You may disagree with the judge’s interpretation of these provisions, but that’s what the judge did here.
OOPS should be if UNDER 18 THEN CUSTODY FOLLOWS THE PARENTS!
NOT the student.
under 18 then the child is subject to the claims of the parents not the minor.
I am a strong believer in the 10th Amendment and voracious critic of illegals, but I don’t see how the government can discriminate against a US citizen who is a Florida resident by nature of their parent’s illegal status.
Oh, I am well aware of how the 14th amendment has been abused by politicians for decades...doesn’t mean it is right. Thanks.
Illegal aliens PING
District Judge K. Michael Moore wouldn't know the Constitution if it jumped up and bit him on the ass.
The judge should merely be ignored. He is meddling where he has no jurisdiction. The states control their universities.
You pay the tuition or don’t go.
As I read it, this is the correct decision. A legal U.S. citizen’s residency doesn’t change just because they have criminals for parents. Heck, I’d give them free tuition in exchange for reporting their parents & helping to get them deported.