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Problem

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question

A state has recently enacted a statute wherein aliens are prohibited from owning any commercial real estate within the state. Subsequent to the statute, a lawful resident alien enters into a contract with another lawful resident alien to purchase the latter's office building. Assume that both resident aliens join in a declaratory judgment action to test the validity of the state statute in federal court. The court should rule that

choices

  1. the state has the burden of proof to show that there is a compelling state interest to support the statute.
  2. the burden of proof is on the resident aliens to show that there is no compelling state interest to support the statute.
  3. the resident aliens do not have standing.
  4. either resident alien has standing, but not both.

subject

professional_law

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