United States Tenth Circuit

Day v. Bond, 05-3309

In an action brought by students at state universities in Kansas and some of their parents seeking to overturn a provision of Kansas law that permits certain illegal aliens to qualify for in-state tuition rates, summary judgment against plaintiffs is affirmed as plaintiffs lack standing to bring their equal protection claim and they lack a cause of action for their remaining statutory preemption claim.

Appellate Information

• Decided 08/30/2007
• Published 08/31/2007

Judges

• Before LUCERO, Circuit Judge, and McWILLIAMS and EBEL, Senior Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kris W. Kobach, Kansas City, MO, Michael M. Hethmon, Federation for American Immigration Reform, Washington, DC, for Plaintiff-Appellants.


• For Appellees:
  
• Clayton L. Barker, Leawood, KS, David W. Davies, Johnson County District Attorney's Office, Olathe, KS, Michael F. Delaney, Spence, Fane Britt & Browne, Overland Park, KS, William Scott Hesse, Office of Attorney General, Topeka, KS, Michael C. Leitch, Kansas Attorney General, Topeka, KS, for Defendants-Appellees.