Today in Supreme Court History: September 4

Certain Named and Unnamed Non-Citizen Children and their Parents v. Texas, 448 U.S. 1327 (decided September 4, 1980): Powell restores District Court injunction against Texas law barring state funds to educate “illegal” alien children; notes open question of “strict scrutiny” as to plaintiffs’ Equal Protection argument; Texas in opposition points to increased expense of educating the children, and argues they they would suffer minimal harm because the law has already kept them out of school for five years anyway (a cold argument), but Powell says “the balance of harm weighs heavily on the side of the children” (the Court eventually ruled for them sub nom Plyler v. Doe, 457 U.S. 202, 1982)