Summary

Tijerina v. Henry — Opinion of the Court

The Court held that 'persons of Mexican descent' constituted a distinct class to which the equal protection guarantee was applicable. 'Throughout our history differences in race and color have defined easily identifiable groups which have at times required the aid of the courts in securing equal treatment under the laws.' Id., at 478, 74 S.Ct. at 670. And the Court held that one method by which the petitioner could satisfy his burden of proving that persons of Mexican descent constituted a separate class was by showing the attitude of the community.
Source: Wikisource

Tijerina v. Henry — Opinion of the Court

What the Court said in Hernandez is, I think, pertinent to the question of establishing the existence of a proper class for a class action under Rule 23. There can be no dispute that in many parts of the Southwestern United States persons of Indian and Mexican or Spanish descent are, as a class, subject to various forms of discrimination. Appellants, as members of that class, brought this action to prevent the continuance of alleged discriminatory actions taken against the class.
Source: Wikisource

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