Divided Sixth Circuit Rejects Constitutional Challenge to Tennessee License Law

Robert Loblaw lists the Decision of the Day as League of United Latin American Citizens v. Bredesen, 06-5306 (6th Cir., Aug. 28, 2007):

“An interesting constitutional question divides the Sixth Circuit: can a state to refuse to issue a driver’s license or state identification card to legal aliens who are not yet lawful permanent residents? A divided panel of the Sixth Circuit concludes that the answer is yes. Under Tennessee law, lawful permanent residents can obtain driver’s licenses of photo identification cards, but lawful temporary residents can only obtain driving certificates. The plaintiffs argued that the law should be subject to strict scrutiny because it targets a suspect class. But the majority rejects this analysis, relying on a Fifth Circuit decision that held that there is no special constitutional protection for different types of legal aliens.”

This is a bog isue in many states, including California.  Indeed, California Governor Schwarzenegger became governor in no small part due to his promise to deny licenses to undocumented immigrants.

KJ