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Toll v. Moreno

United States Supreme Court
458 U.S. 1 (1982)


The University of Maryland granted lower tuition and fees to students with “in-state” status. Citizens and immigrant aliens may obtain in-state status if they or their parents are domiciled in Maryland. Nonimmigrant aliens may not obtain in-state status even if they meet the domicile requirements. Moreno and two other students (plaintiffs) all lived with nonimmigrant alien parents who were domiciled in Maryland and held a G-4 visa. G-4 visas are given to nonimmigrant aliens working for international organizations and their families. The three students sued the University for declaratory and injunctive relief, arguing that refusing to provide in-state status to children of domiciled G-4 aliens violated federal law and the due process, equal protection, and supremacy clauses of the United States Constitution. The Supreme Court granted certiorari on appeal.

Rule of Law


Holding and Reasoning (Brennan, J.)

Concurrence (Blackmun, J.)

Concurrence/Dissent (O’Connor, J.)

Dissent (Rehnquist, J.)

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