Note by Andrew Podolnick
Appellees Norwick and Dachinger were resident aliens seeking certification as public school teachers in the State of New York. Because New York requires that public school teachers be United States citizens, the appellant, Commissioner of the New York State Department of Education, denied their applications for certification. Appellees initiated an action to enjoin the enforcement of this statutory requirement, alleging that it discriminated against aliens in violation of the equal protection clause of the fourteenth amendment. A three-judge district court agreed with the appellees' contention and granted the injunction. The United States Supreme Court reversed and held that it is constitutionally permissible for a state to require United States citizenship as a prerequisite for certification to teach in the state's public school system. Ambach v. Norwick, 441 U.S. 68 (1979).
About the Author
Andrew Podolnick.
Citation
54 Tul. L. Rev. 225 (1979)