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Immigrant exclusion urged in '82 (John Roberts)
Fort Wayne Journal Gazette ^ | 8/12/2005

Posted on 08/12/2005 5:05:35 PM PDT by 4.1O dana super trac pak

WASHINGTON – As a Justice Department lawyer in the early 1980s, John Roberts said it was regrettable that the Reagan administration had not pressed the Supreme Court to uphold a Texas law barring the children of illegal immigrants from attending public schools, according to documents released Thursday.

The Supreme Court, in a 5-4 decision, declared the Texas law unconstitutional on June 14, 1982, saying a state may not “deny a discrete group of innocent children the free public education it offers to other children.”

The next day, Roberts and Carolyn Kuhl, another lawyer in the department, sent a memo to Attorney General William French Smith describing the case as a missed opportunity for the Reagan administration.

“It is our belief that a brief filed by the Solicitor General’s office supporting the State of Texas – and the values of judicial restraint – could well have ... altered the outcome,” Roberts and Kuhl said. “In sum, this is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground and should have.”

The memo was among the 500 pages of files released Thursday by the National Archives from the 1981-82 period when Roberts, nominated for the Supreme Court in late July by President Bush, worked in the Justice Department.

(Excerpt) Read more at fortwayne.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: aliens; immigrantlist; johnroberts

1 posted on 08/12/2005 5:05:35 PM PDT by 4.1O dana super trac pak
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To: 4.1O dana super trac pak

Gee, only twenty-four (24) years ago.


2 posted on 08/12/2005 5:07:08 PM PDT by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: 4.1O dana super trac pak

He's a racist and has to go!

:)


3 posted on 08/12/2005 5:07:10 PM PDT by writer33 (Rush Limbaugh walks in the footsteps of giants: George Washington, Thomas Paine and Ronald Reagan.)
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To: 4.1O dana super trac pak

Yes. The children of illegal aliens have a constitutional right to a U.S. taxpayer-subsidized education...just like all of the ragheads who receive taxpayer-subsidized college educations here. Emanating penumbras. /sarc.


4 posted on 08/12/2005 5:08:10 PM PDT by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: peyton randolph

Many a Texas poor innocent child is homeschooled. That could have been an option for the courts instead of spending US citizens tax dollars as well as dumbing down the public school system even more.


5 posted on 08/12/2005 5:11:42 PM PDT by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: 4.1O dana super trac pak

one of the worst decisions ever by the supreme court.


6 posted on 08/12/2005 5:13:06 PM PDT by oceanview
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To: 4.1O dana super trac pak
Roberts called it right. A missed opportunity to reign in our mad rush to a nanny state.
7 posted on 08/12/2005 5:14:03 PM PDT by crazyhorse691 ( Heaven on Earth is where the nearest Starbucks is 60 miles away.)
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To: 4.1O dana super trac pak

http://www.freerepublic.com/focus/f-news/1405310/posts

this case needs to be reheard, due to change in conditions..it is now illegal to employ illegas (since 1986) and the number of illegals has exploded..countering arguments in the original case...


8 posted on 08/12/2005 5:20:59 PM PDT by rolling_stone
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To: mtbopfuyn

The Dallas Independent School District has gone to hell in a hand basket...with affirmative action being fought over between hispanics and blacks. 62% of the students are hispanic, the school superintendent is hispanic, 30% of the students are black, and 2/3 of the school administrators (principals, etc.) are black. Of the hispanics, the majority are illegals. No person of any other race or ethnicity in their right mind would put their child in a DISD school...and one suspects that there are many blacks and legal hispanics who wish their kids could escape DISD too. If the illegals weren't there, the remainder might have a fighting chance as a decent education despite the teachers' unions. No chance under the status quo.


9 posted on 08/12/2005 5:22:55 PM PDT by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: writer33

He's a racist and has to go!
-----
It will be front page in the MSM for the next two months!!!
** ROBERTS KILLS AND STARVES LITTLE MEXICAN KIDS **

God save us from the MSM.


10 posted on 08/12/2005 5:23:06 PM PDT by EagleUSA
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To: EagleUSA

We don't have to have God's help to end the MSM domination. It'll be nice, but we'll do it ourselves. We're on our way now.


11 posted on 08/12/2005 5:32:21 PM PDT by writer33 (Rush Limbaugh walks in the footsteps of giants: George Washington, Thomas Paine and Ronald Reagan.)
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To: EagleUSA
You are, and many will, read this article on the wrong level.

It has nothing to do with mexicans, it is about federalism.

In recent days, there has been much published as to whether or not Roberts is/was a member of the Federalist Society.

There several things in this article to indicate that he was/is.

Rule #1 for Senate democrats: No more feddies on the Supreme Court.

12 posted on 08/12/2005 5:44:08 PM PDT by Ben Ficklin
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To: peyton randolph
The Dallas Independent School District has gone to hell in a hand basket

I can only imagine how bad it is today. We were part of the white flight back in the early 70's. My junior high school was one of the best in Oak Cliff until the day they decided to bus in ONLY black kids from waaay across the city into predominately white schools. That year, we were literally locked into our classrooms (um, fire codes!), and chained and padlocked metal gates were pulled down from the ceilings in the hallways to block anyone from wandering around. There were fights and thefts. I had a knife pulled on me in the stairwell for no other reason than I was there. Then DISD decided that wasn't enough and informed us the white kids would be bussed the following years to a different disadvantaged campus for each of my high school years, never mind I lived half a block from my neighborhood high school.

Everytime I drive through Oak Cliff I'm just appalled at the changes. What was once upper middle class neighborhoods are now so run down and depressed. This all thanks to DISD.

BTW, not all public schools are created equal. We're sending our kids to public school in a rural community and are quite pleased with it. That said, I work closely with the school just to keep a watchful eye on things.

13 posted on 08/12/2005 6:14:23 PM PDT by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: 4.1O dana super trac pak

Well, that's more of what I want to hear about Mr. Roberts.


14 posted on 08/12/2005 6:16:31 PM PDT by A2J (Oh, I wish I was in Dixie...)
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To: 4.1O dana super trac pak
Well, some good news.

Psst! Don't tell the quislings...

15 posted on 08/12/2005 6:17:47 PM PDT by Czar (StillFedUptotheTeeth@Washington)
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