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To: Kayaker who wrote (109905)12/27/2001 2:27:58 AM
From: saukriver  Read Replies (2) | Respond to of 152472
 
OT: Const. rights of noncitizens

Correct that Plyer exists . . . until the SC (Scalia, Rehnquist and O'Connor who were in the dissent in 1992 joined by Scalia, Thomas and likely one other Justice) so severely distinguishes it or overrules it:

"One activist member of the 5-4 majority, Justice Thurgood Marshall, has been replaced by Justice Clarence Thomas. While it is true that one conservative member of the dissent, Justice Byron White, has been replaced by a liberal, Justice Ruth Bader Ginsburg, that change may not help save Plyer. Justice Ginsburg has pronounced her preference for the legislative process over the judicial in the abortion area. In the immigration area, as in Roe v. Wade, she may be reluctant to "remove the ball from the legislators' court." The fate of Plyer v. Doe will rest in her hands, along with the hands of three other justices absent in 1982 -- Anthony Kennedy, David Souter and Stephen Breyer.

heather.cs.ucdavis.edu