Someone help me out...I can’t recall where the Constitution gives the federal judiciary the right to determine individual states’ schools tuition rates.
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.
It doesn’t. They are pretending, rather shrewdly, that the states are denying them citizenship, since the criteria for lower rates is traditionally residency, which is associated with citizenship. But there’s nothing to say states can’t set standards for lower rates according to their own criteria. Why not residency and citizen parents?
I realize States have been penned in on all sides from “discriminating.” They can’t set standards according to race, gender, sexual preference, “disability,” ir a million other criteria. But there are all sorts of ways they do discriminate. Nit in tuition rates, maybe, but in who gets accepted or who gets and lians and what their terms are. Thid includes the feds, too, needless to say. How come age, academic ability, and your parental income determine how much you pay and whether you can get in? Ah, here we come to it. Because those are rational, PC, or whatever.
Parental citizenship status, contrarywise, judges plain don’t like. They’re icky or cryptically racist or something. And judges are free to chuck out laws that are icky