Toll v. Moreno

PETITIONER: John S. Toll, President of the University of Maryland
RESPONDENT: Juan Carlos Moreno, et al.
LOCATION: University of Maryland

DOCKET NO.: 77-154
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fourth Circuit

CITATION: 441 US 458 (1979)
ARGUED: Feb 22, 1978
DECIDED: Apr 30, 1979
GRANTED: Apr 19, 1978

ADVOCATES:
Alfred L. Scanlan, Jr. - for the respondents
David H. Feldman - for the petitioners

Facts of the case

This case supplements Elkins v. Moreno, in which Juan Carlos Moreno and other nonimmigrant aliens residing in Maryland sued the University of Maryland for failing to grant them in-state status for the purpose of tuition. They alleged violations of various federal laws and the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court found in favor of Moreno and the Court of Appeals affirmed. In Elkins v. Moreno, the Supreme Court held that, since the University of Maryland policy is based on showing proof of domicile in the state, the University has no reason to deny in-state tuition if the proper proof can be shown.

On June 23, 1978, two months after the decision in Elkins, the University of Maryland adopted a resolution affirming their denial of the in-state tuition rate. The Attorney General of Maryland then requested that the Supreme Court put the case back on the docket for further argument given the new resolution.

Question

Can the Court reconsider this case under the same Fourteenth Amendment criteria as the previous case, Elkins v. Moreno?