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Toll v. Moreno, 441 U.S. 458 (1979)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Toll v. Moreno, 441 U.S. 458 (1979)
Toll v. Moreno No. 77-154 Argued February 22, 1979 Question certified April 19, 1978 Decided April 30, 1979 441 U.S. 458
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
Respondents, representing a class of nonimmigrant alien residents of Maryland who either held or were financially dependent upon a person who held a "G-4 visa" (a nonimmigrant visa granted to officers or employees of international organizations and members of their immediate families), instituted an action in Federal District Court, challenging the validity of the policy of the University of Maryland whereby "in-state" status for tuition purposes was denied to such aliens because they were conclusively presumed by the University to be nondomiciliaries of the State. The District Court held for respondents, and the Court of Appeals affirmed. This Court then certified to the Maryland Court of Appeals the question whether G-4 aliens residing in Maryland are incapable as a matter of state law of becoming domiciliaries of Maryland. Elkins v. Moreno, 435 U.S. 647. Before the Maryland Court of Appeals answered the certified question in the negative, the University’s Board of Regents adopted a resolution reaffirming its policy of denying in-state status to nonimmigrant aliens regardless of whether its policy conformed to the otherwise applicable definition of domicile under Maryland law.
Held: The case will not be restored to this Court’s active docket for further briefing and argument, since this Court’s decision in Elkins, supra, rested on the premise that the University apparently has no interest in continuing to deny in-state status to G-4 aliens as a class if they can become Maryland domiciliaries, but this premise no longer appears to be true in view of the resolution subsequently adopted by the Board of Regents. The resolution thus raises new issues of constitutional law which should be addressed in the first instance by the District Court, to which the case is remanded for further consideration.
556 F.2d 573, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Toll v. Moreno, 441 U.S. 458 (1979) in 441 U.S. 458 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MSGNYP9UTQFH8BQ.
MLA: U.S. Supreme Court. "Syllabus." Toll v. Moreno, 441 U.S. 458 (1979), in 441 U.S. 458, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MSGNYP9UTQFH8BQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Toll v. Moreno, 441 U.S. 458 (1979). cited in 1979, 441 U.S. 458. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MSGNYP9UTQFH8BQ.
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