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MARTINEZ v. BYNUM

No. 81-857.

461 U.S. 321 (1983)

MARTINEZ, AS NEXT FRIEND OF MORALES v. BYNUM, TEXAS COMMISSIONER OF EDUCATION, ET AL.

Supreme Court of United States.

Decided May 2, 1983.

Attorney(s) appearing for the Case

Edward J. Tuddenham argued the cause and filed briefs for petitioner.

Richard L. Arnett, Special Assistant Attorney General of Texas, argued the cause for respondents. With him on the brief were Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, Richard E. Gray III, Executive Assistant Attorney General, and C. Ed Davis.*

David Crump filed a brief for the Texas Association of School Boards et al. as amici curiae urging affirmance.

JUSTICE POWELL delivered the opinion of the Court.

This case involves a facial challenge to the constitutionality of the Texas residency requirement governing minors who wish to attend public free schools while living apart from their parents or guardians.

I

Roberto Morales was born in 1969 in McAllen, Texas, and is thus a United States citizen by birth. His parents are Mexican citizens who reside in Reynosa, Mexico. He left Reynosa in 1977 and returned...

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