The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, November 8, 1977
Decision: Wednesday, March 22, 1978
Issues: Civil Rights, Employability of Aliens

Advocates

Not available

Facts of the Case

Edmund Foley applied for a position as a New York state trooper. Although Foley was a legally admitted resident alien, state officials refused to permit him to take the examination. New York authorities relied on a statute providing that "no person shall be appointed to the. . .state police force unless he shall be a citizen of the United States."

Question

Did the New York law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

In a 6-to-3 decision, the Court held that the states had an "historical power to exclude aliens from participation in its democratic political institutions" and that the New York statute did not violate the Equal Protection Clause. Noting that states need only to show some rational relationship between a valid state interest and a classification involving aliens, the Court held that the police function was "one of the basic functions of government" and thereby the province of actual United States citizens.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 6 votes for Connelie, 3 vote(s) against
Legal Provision: Equal Protection
Voted with the minority, joined Marshall's dissent, joined Stevens' dissent
Brennan
Wrote a dissent
Marshall
Voted with the majority
White
Wrote a dissent, joined Marshall's dissent
Stevens
Wrote a special concurrence
Blackmun
Wrote a regular concurrence
Stewart
Voted with the majority
Powell
Wrote the majority opinion
Burger
Voted with the majority
Rehnquist
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Foley v. Connelie, 435 U.S. 291 (1978),
available at: <http://www.oyez.org/cases/1970-1979/1977/1977_76_839/>
(last visited ).