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AMBACH v. NORWICK

No. 76-808.

441 U.S. 68 (1979)

99 S.Ct. 1589

60 L.Ed.2d 49

AMBACH, COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK, ET AL. v. NORWICK ET AL.

Supreme Court of United States.

Decided April 17, 1979.

Attorney(s) appearing for the Case

Judith A. Gordon, Assistant Attorney General of New York, argued the cause for appellants. With her on the briefs were Robert Abrams, Attorney General, Louis J. Lefkowitz, former Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and George D. Zuckerman, Assistant Solicitor General.

Bruce J. Ennis, Jr., argued the cause for appellees. With him on the brief were David Carliner and Burt Neuborne.*

MR. JUSTICE POWELL delivered the opinion of the Court.

This case presents the question whether a State, consistently with the Equal Protection Clause of the Fourteenth Amendment, may refuse to employ as elementary and secondary school teachers aliens who are eligible for United States citizenship but who refuse to seek naturalization.

I

New York Education Law § 3001 (3) (McKinney 1970) forbids certification as a public school teacher of any...

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