At issue is a little-known provision in a 1996 law that bars states from giving 'any postsecondary benefit' to an 'alien who is not lawfully present in the United States … on the basis of residence within a state....'
The justices in Washington may announce as soon as Monday whether they will hear the challenge or dismiss it. They may turn it away because there is no dispute among the lower courts. It is also possible the high court could ask the Obama administration for its view before deciding."
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