Penn State International Law Review

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Section 7 of California's Proposition 187 is designed to prevent illegal alien children from attending California public schools. In Plyler v. Doe, the Supreme Court held that a similar statute, denying a free public education to illegal alien children in Texas, violated the Equal Protection Clause of the Fourteenth Amendment. This note predicts that if the Supreme Court considers the constitutionality of Proposition 187 it will rely on Plyler to strike down section 7 of the Proposition. However, this note also suggests that Plyler applied a confusing and unnecessary standard which should be abandoned.