Tuesday, July 05, 2005

Bye Bye Kobach

Kobach's persistent drain on the taxpayer ends as Judge dismisses lawsuit over immigration tuition:
A federal judge today dismissed a lawsuit challenging a year-old state law that gives some illegal immigrants a break on tuition at state universities, community colleges and vocational colleges.

The law says illegal immigrants can qualify for lower tuition rates reserved for Kansas residents if they have attended a Kansas high school for at least three years and have graduated or earned a general education development certificate in Kansas. Also, they must actively be seeking legal immigration status or plan to do so when they are eligible.

Challenging the law were six parents and 18 students who were residents of other states but were attending Kansas institutions and paid higher rates.

But Senior U.S. District Judge Richard Rogers ruled the students had no standing to sue because they weren’t directly harmed by the law. Rogers said to have standing, a plaintiff must face an injury that is “concrete and imminent.”

“Hypothetical or conjectural harm is not sufficient,” the judge wrote in a 38-page opinion. “When a law does not apply to a party, that party has no invasion of a legally protected interest.”
I'm not a lawyer, but … DUH! This was a nuisance suit. Kobach wanted to make a name for himself with the racists and religious authoritarians involved in the Federation for American Immigration Reform. He's testified in various state legislatures, claiming that they'll get sued if they allow the children of illegal immigrants to get in-state tuition after graduating from a local high school.

Turns out that's not the case.

Somehow, I don't think this is the end of Kris Kobach. Either way, thanks for the memories.