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Full Opinion
CABELL, ACTING CHIEF PROBATION OFFICER OF LOS ANGELES COUNTY, ET AL.
v.
CHAVEZ-SALIDO ET AL.
Supreme Court of United States.
*433 William F. Stewart argued the cause for appellants. With him on the briefs was John H. Larson.
Mary S. Burdick argued the cause for appellees. With her on the brief was Dan Stormer.[*]
JUSTICE WHITE delivered the opinion of the Court
In this case we once again consider a citizenship requirement imposed by a State on those seeking to fill certain governmental offices. California Gov't Code Ann. § 1031(a) (West 1980) requires "public officers or employees declared by law to be peace officers" to be citizens of the United States. California Penal Code Ann. § 830.5 (West Supp. 1981) provides that probation officers and deputy probation officers are "peace officers." A three-judge District Court of the Central District of California held the California requirement unconstitutional both on its face and as applied to the appellees, who sought positions as Deputy Probation Officers. 490 F. Supp. 984.
*434 I
Appellees were, at the time the complaint was filed, lawfully admitted permanent resident aliens living in Los Angeles County, Cal.[1] Each applied unsuccessfully for positions as Deputy Probation Officers with the Los Angeles County Probation Department.[2] With respect to two of the three appellees, the parties stipulated that the failure to obtain the positions sought was the result of the statutory citizenship requirement.[3]
Appellees filed a complaint in the United States District Court for the Central District of California challenging the constitutionality of the citizenship requirement under the Equal Protection Clause of the Fourteenth Amendment and 42 U. S. C. §§ 1981 and 1983. Named as defendants were certain individual county officials, in their official capacity, and the County of Los Angeles.[4]
*435 Appellees alleged unconstitutional discrimination against aliens, impressible infringement upon their constitutional right to travel, and unconstitutional interference with Congress' plenary power to regulate aliens. They sought declaratory and injunctive relief, as well as attorney's fees and damages for two of the plaintiffs. A three-judge court was properly convened. 28 U. S. C. §§ 2281 (1970 ed.), 2284.[5]
In February 1977, the District Court concluded that the statutory citizenship requirement was unconstitutional both on its face and as applied. Chavez-Salido v. Cabell, 427 F. Supp. 158. That decision rested entirely on appellees' arguments under the Equal Protection Clause; it did not reach the right to travel and federal pre-emption claims. This Court vacated and remanded that judgment for further consideration in light of Foley v. Connelie, 435 U. S. 291 (1978), which upheld a New York statute requiring state troopers to be United States citizens. County of Los Angeles v. Chavez-Salido, 436 U. S. 901 (1978). On remand, the District Court reconsidered its previous position in light of both Foley, supra, and Ambach v. Norwick, 441 U. S. 68 (1979), *436 which held that a State may refuse to employ as elementary and secondary school teachers aliens who are eligible for United States citizenship but fail to seek naturalization. With Judge Curtis dissenting, the court found its prior views still valid and convincing. It, therefore, came to the identical conclusion that the California statutory scheme was constitutionally invalid both facially and as applied.
We noted probable jurisdiction, 450 U. S. 978 (1981), and now reverse.
II
Over the years, this Court has many times considered state classifications dealing with aliens. See, e. g., Ambach v. Norwick, supra; Nyquist v. Mauclet, 432 U. S. 1 (1977); Foley v. Connelie, supra; Examining Board v. Flores de Otero, 426 U. S. 572 (1976); In re Griffiths, 413 U. S. 717 (1973); Sugarman v. Dougall, 413 U. S. 634 (1973); Graham v. Richardson, 403 U. S. 365 (1971); Takahashi v. Fish & Game Comm'n, 334 U. S. 410 (1948); Crane v. New York, 239 U. S. 195 (1915); Heim v. McCall, 239 U. S. 175 (1915); Truax v. Raich, 239 U. S. 33 (1915); Yick Wo v. Hopkins, 118 U. S. 356 (1886). As we have noted before, those cases "have not formed an unwavering line over the years." Ambach v. Norwick, supra, at 72. But to say that the decisions do not fall into a neat pattern is not to say that they fall into no pattern. In fact, they illustrate a not unusual characteristic of legal development: broad principles are articulated, narrowed when applied to new contexts, and finally replaced when the distinctions they rely upon are no longer tenable.
In Yick Wo v. Hopkins, supra, the Court held both that resident aliens fall within the protection of the Equal Protection Clause of the Fourteenth Amendment and that the State could not deny to aliens the right to carry on a "harmless and useful occupation" available to citizens. Although Yick Wo proclaimed that hostility toward aliens was not a permissible *437 ground for a discriminatory classification, it dealt only with a situation in which governmental had actively intervened in the sphere of private employment. In a series of later cases it became clear that Yick Wo did not mean that the State had to be strictly neutral as between aliens and citizens: The Court continued to uphold the right of the State to withhold from aliens public benefits and public resources. Terrace v. Thompson, 263 U. S. 197 (1923) (ownership of land); Heim v. McCall, supra (employment on public works projects); Patsone v. Pennsylvania, 232 U. S. 138 (1914) (taking of wild game).
This distinction between government distribution of public resources and intervention in the private market was clearly established as the principle by which state regulations of aliens were to be evaluated in Truax v. Raich, supra, which struck down a state statute requiring all employers of more than five workers to employ "not less than eighty (80) per cent qualified electors or native born citizens of the United States:"
"The discrimination defined by the act does not pertain to the regulation or distribution of the public domain, or of the common property or resources of the people of the State, the enjoyment of which may be limited to its citizens as against both aliens and citizens of other States." Id., at 39-40.
This public/private distinction, the "special public interest" doctrine, see Graham v. Richardson, supra, at 372, 374; Sugarman v. Dougall, supra, at 643, 644, was challenged in Takahashi v. Fish & Game Comm'n, supra, which held that California could not bar lawfully resident aliens from obtaining commercial fishing licenses:
"To whatever extent the fish in the three-mile both off California may be `capable of ownership' by California, we think that `ownership' is inadequate to justify California in excluding any or all aliens who are lawful residents *438 of the State from making a living by fishing in the ocean off its shores while permitting all others to do so." Id., at 421.
As the principle governing analysis of state classifications of aliens, who are lawful residents, the distinction was further eroded in Graham v. Richardson, supra, which read Takahashi as "cast[ing] doubt on the continuing validity of the special public-interest doctrine in all contexts," 403 U. S., at 374, and held that a State could not distinguish between lawfully resident aliens and citizens in the distribution of welfare benefits. Returning to Yick Wo's holding that lawfully present aliens fall within the protection of the Equal Protection Clause and citing the more recent theory of a two-tiered equal protection scrutiny, Graham implied that there would be very few if and areas in which a State could legitimately distinguish between its citizens and lawfully resident aliens:
"Aliens as a class are a prime example of a `discrete and insular' minority . . . for whom . . . heightened judicial solicitude is appropriate. Accordingly, it was said in Takahashi, 334 U. S., at 420, that `the power of a state to apply its laws exclusively to its alien inhabitants as a class is confined within narrow limits.' " 403 U. S., at 372.
The cases through Graham dealt for the most part with attempts by the States to retain certain economic benefits exclusively for citizens. Since Graham, the Court has confronted claims distinguishing between the economic and sovereign functions of government. This distinction has been supported by the argument that although citizenship is not a relevant ground for the distribution of economic benefits, it is a relevant ground for determining membership in the political community. "We recognize a State's interest in establishing its own form of government, and in limiting participation in that government to those who are within `the basic conception of a political community.' " Sugarman v. *439 Dougall, 413 U. S., at 642. While not retreating from the position that restrictions on lawfully resident aliens that primarily affect economic interests are subject to heightened judicial scrutiny, ibid.; In re Griffiths, supra; Examining Board v. Flores de Otero, supra, we have concluded that strict scrutiny is out of place when the restriction primarily serves a political function: "[O]ur scrutiny will not be so demanding where we deal with matters resting firmly within a State's constitutional prerogatives [and] constitutional responsibility for the establishment and operation of its own government, as well as the qualifications of an appropriately designated class of public office holders." Sugarman v. Dougall, supra, at 648. We have thus "not abandoned the general principle that some state functions are so bound up with the operation of the State as a governmental entity as to permit the exclusion from those functions of all persons who have not become part of the process of self-government." Ambach v. Norwick, 441 U. S., at 73-74. And in those areas the State's exclusion of aliens need not "clear the high hurdle of `strict scrutiny,' because [that] would `obliterate all the distinctions between citizens and aliens, and thus depreciate the historic value of citizenship.' " Foley v. Connelie, 435 U. S., at 295 (citation omitted).[6]
The exclusion of aliens from basic governmental processes is not a deficiency in the democratic system but a necessary consequence of the community's process of political self-definition. Self-government, whether direct or through representatives, begins by defining the scope of the community of the governed and thus of the governors as well: Aliens are by *440 definition those outside of this community. Judicial incursions in this area may interfere with those aspects of democratic self-government that are most essential to it. This distinction between the economic and political functions of government has, therefore, replaced the old public/private distinction. Although this distinction rests on firmer foundations than the old public/private distinction, it may be difficult to apply in particular cases.
Sugarman advised that a claim that a particular restriction on legally resident aliens serves political and not economic goals is to be evaluated in a two-step process. First, the specificity of the classification will be examined: a classification that is substantially overinclusive or underinclusive tends to undercut the governmental claim that the classification serves legitimate political ends. The classification in Sugarman itself all members of the competitive civil service could not support the claim that it was an element in "the State's broad power to define its political community," 413 U. S., at 643, because it indiscriminately swept in menial occupations, while leaving out some of the State's most important political functions. Second, even if the classification is sufficiently tailored, it may be applied in the particular case only to "persons holding state elective or important nonelective executive, legislative, and judicial positions," those officers who "participate directly in the formulation, execution or review of broad public policy" and hence "perform functions that go to the heart of representative government." Id., at 647.[7] We must therefore inquire whether the "position *441 in question . . . involves discretionary decisionmaking, or execution of policy, which substantially affects members of the political community." Foley v. Connelie, supra, at 296.
The restriction at issue in this case passes both of the Sugarman tests.
III
Appellees argue, and the District Court agreed, that Cal. Gov't Code Ann. § 1031(a) (West 1980), which requires all state "peace officers" to be citizens, is unconstitutionally overinclusive: "Section 1031(a) is void as a law requiring citizenship which `sweeps too broadly.' " 490 F. Supp., at 986.[8] The District Court failed to articulate any standard in reaching this conclusion. Rather, it relied wholly on its belief that *442 of the more than 70 positions included within the statutory classification of "peace officer," some undefined number of them "cannot be considered members of the political community no matter how liberally that category is viewed." Id., at 987. The District Court's entire argument on this point consisted of just one sentence: "There appears to be no justification whatever for excluding aliens, even those who have applied for citizenship, from holding pubic employment as cemetery sextons, furniture and bedding inspectors, livestock identification inspectors, and toll service employees." Id., at 986. In believing this sufficient, the District Court applied a standard of review far stricter than that approved in Sugarman and late cases.
We needed not hold that the District Court was wrong in concluding that citizenship may not be require of toll-service employees, cemetery sextons, and inspectors to hold that the District Court was wrong in striking down the statute on its face.[9] The District Court assumed that if the statute was overinclusive at all, it could not stand. This is not the proper standard. Rather, the inquiry is whether the restriction reaches so far and is so broad and haphazard as to belie the State's claim that it is only attempting to ensure that an important function of government be in the hands of those having the "fundamental legal bond of citizenship." Ambach v. Norwick, 441 U. S., at 75. Under this standard, the classifications used need not be precise; there need only be a substantial fit. Our examination of the California scheme convinces us that it is sufficiently tailored to withstand a facial challenge.
The general requirements, including citizenship, for all California peace officers are found in Cal. Gov't Code Ann. *443 § 1031 (West 1980). That section, however, does not designate any particular official as a peace officer; rather, Cal. Penal Code Ann. § 830 (West Supp. 1981) lists the specific occupations that fall within the general category of "peace officer." Even a casual reading of the Penal Code makes clear that the unifying character of all categories of peace officers is their law enforcement function. Specific categories are defined by either their geographical jurisdiction or the specific substantive laws they have the responsibility to enforce. Thus, not surprisingly, the first categories listed include police officers at the county, city, and district levels. § 830.1. This is followed by various categories of police power authorized by the State: e. g., highway patrol officers, the state police, and members of the California National Guard when ordered into active service. § 830.2. After this, the statute includes a long list of particular officers with responsibility for enforcement of different substance areas of the law: e. g., individuals charged with enforcement of the alcoholic beverage laws, the food and drug laws, fire laws, and the horse racing laws. § 830.3. Finally, there are several catchall provisions that include some officers with narrow geographic responsibilities e. g., park rangers, San Francisco Bay Area Rapid Transit District police, harbor police, community college police, security officers of municipal utility districts, and security officers employed in government buildings and some with narrow "clientele" e. g., welfare-fraud or child-support investigators, correctional officers, parole and probation officers. §§ 830.31-830.6.
Although some of these categories may have only a tenuous connection to traditional police functions of law enforcement, the questionable classifications are comparatively few in number.[10] The general law enforcement character of all *444 California "peace officers" is underscored by the fact that all have the power to make arrests, § 836, and all receive a course of training in the exercise of their respective arrest powers and in the use of firearms. § 832. Foley made clear that a State may limit the exercise of the sovereign's coercive police powers over the members of the community to citizens. The California statutes at issues here are an attempt to do just that. They are sufficiently tailored in light of that aim to pass the lower level of scrutiny we articulated as the appropriate equal protection standards for such an exercise of sovereign power in Sugarman.[11]
IV
The District Court also held that the citizenship requirement was invalid as applied to the positions at issue here deputy probation officers. In reaching this conclusion, it focused too narrowly on a comparison of the characteristics and functions of probation officers with those of the state troopers at issue in Foley and the teachers in Ambach. Foley and Ambach did not describe the outer limits of permissible citizenship requirements. For example, although both of those cases emphasized the communitywide responsibilities of teachers and police, there was no suggestion that judges, who deal only with a narrow subclass of the community, cannot be subject to a citizenship requirement. See Sugarman, 413 U. S., at 647. Similarly, although both Foley and Ambach emphasized the unsupervised discretion that must be exercised by the teacher and the police officer in the performance of their duties, neither case suggested that jurors, who act under a very specific set of instructions, could not be required to be citizens. See Perkins v. Smith, 370 F. Supp. *445 134 (Md 1974), summarily aff'd 426 U. S. 913 (1976). Definition of the important sovereign functions of the political community is necessarily the primary responsibility of the representative branches of government, subject to limited judicial review.[12]
Looking at the functions of California probation officers, we conclude that they, like the state troopers involved in Foley, sufficiently partake of the sovereign's power to exercise coercive force over the individual that they may be limited to citizens. Although the range of individuals over whom probation officers exercise supervisory authority is limited, the *446 powers of the probation officer are broad with respect to those over whom they exercise that authority.[13] The probation officers has the power both to arrest, Cal. Penal Code Ann. §§ 830.5, 836, 1203.2 (West Supp. 1981); Cal. Civ. Proc. Code Ann. § 131.4 (West 1954); and to release those over whom he has jurisdiction. Cal. Penal Code Ann. § 1203.1a (West Supp. 1981). He has the power and the responsibility to supervise probationers and insure that all the conditions of probation are met and that the probationer accomplishes a successful reintegration into the community. Cal. Penal Code Ann. § 1203.1 (West Supp. 1981). With respect to juveniles, the probation officer has the responsibility to determine whether to release or detain offenders, Cal. Welf. & Inst. Code Ann. § 628 (West Supp. 1981), and whether to institute judicial proceedings or take other supervisory steps over the minor. §§ 630, 653-654. In carrying out these responsibilities the probation officer necessarily has a great deal of discretion that, just like that of the police officer and the teacher, must be exercised, in the first instance, without direct supervision:
"Because the probation or parole officer's function is not so much to compel conformance to a strict code of behavior as to supervise a course of rehabilitation, he has been entrusted traditionally with broad discretion to judge the progress of rehabilitation in individual cases, and has *447 been armed with the power to recommend or even to declare revocation." Gagnon v. Scarpelli, 411 U. S. 778, 784 (1973).
One need not take an overly idealistic view of the educational functions of the probation officer during this period to recognize that the probation officer acts as an extension of the judiciary's authority to set the conditions under which particular individuals will lead their lives and of the executive's authority to coerce obedience to those conditions.[14] From the perspective of the probationer, his probation officer may personify the State's sovereign powers; from the perspective of the larger community, the probation officer may symbolize the political community's control over, and thus responsibility for, those who have been found to have violated the norms of social order. From both of these perspectives, a citizenship requirement may seem an appropriate limitation on those who would exercise and, therefore, symbolize this power of the political community over those who fall within its jurisdiction.
Therefore, the judgment of the District Court is reversed, and the case is remanded for further proceedings consistent with this opinion.
So ordered.
JUSTICE BLACKMUN, with whom JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE STEVENS join, dissenting.
Appellees Jose Chavez-Salido, Pedro Luis Ybarra, and Ricardo Bohorquez are American-educated Spanish-speaking *448 lawful residents of Los Angeles County, California.[1] Seven years ago, each had a modest aspiration to become a Los Angeles County "Deputy Probation Officer, Spanish-speaking." Each was willing to swear loyalty to the State and Federal Governments; indeed, appellee Chavez-Salido declared his intent to become a citizen. By competitive examination, two of the appellees, and possibly the third, demonstrated their fitness for the jobs they desired.[2] Appellants denied them those jobs solely because they were not citizens.
The Court today concludes that appellees' exclusion from their chosen profession is "a necessary consequence of the community's process of political self-definition." Ante, at 439. The Court reaches this conclusion by misstating the standard of review it has long applied to alienage classifications. It then asserts that a lawfully admitted permanent resident alien is disabled from serving as a deputy probation *449 officer because that job " `go[es] to the heart of representative government.' " Ante, at 440, quoting Sugarman v. Dougall, 413 U. S. 634, 647 (1973).
In my view, today's decision rewrites the Court's precedents, ignores history, defies common sense, and reinstates the deadening mantle of state parochialism in public employment. I must dissent.
I
The Court properly acknowledges that our decisions regarding state discrimination against permanent resident aliens have formed a pattern. Ante, at 436. Since Yick Wo v. Hopkins, 118 U. S. 356 (1886), this Court has recognized and honored the right of a lawfully admitted permanent resident alien to work for a living in the common occupations of the community. In Truax v. Raich, 239 U. S. 33, 41 (1915), the Court declared that right to be
"the very essence of the personal freedom and opportunity that it was the purpose of the [Fourteenth] Amendment to secure. . . . If this could be refused solely upon the ground of race or nationality, the prohibition of the denial to any person of the equal protection of the laws would be a barren form of words."
In Sugarman v. Dougall, supra, we expressly refused to exempt public employment positions from this general rule. Sugarman, an 8-1 decision, struck down as facially inconsistent with the Equal Protection Clause a New York statute that excluded lawfully admitted aliens from all state civil service jobs offered on the basis of competitive examinations. Sugarman directed that permanent resident aliens may not be barred as a class from the common public occupations of the community. There, as here, the State had asserted its substantial interest in ensuring "that sovereign functions must be performed by members of the State." Brief for Appellants in Sugarman v. Dougall, O. T. 1972, No. 71-1222, *450 p. 10. Without denying the weight of that interest, the Court concluded that, "judged in the context of the State's broad statutory framework and the justifications the State present[ed]," 413 U. S., at 640, the State's chosen means were insufficiently precise to uphold its broad exclusion of aliens from public employment.
Since Sugarman, the Court consistently has held that in each case where the State chooses to discriminate against permanent resident aliens, "the governmental interest claimed to justify the discrimination is to be carefully examined in order to determine whether that interest is legitimate and substantial, and inquiry must be made whether the means adopted to achieve the goal are necessary and precisely drawn." Examining Board v. Flores de Otero, 426 U. S. 572, 605 (1976). See also Nyquist v. Mauclet, 432 U. S. 1, 7 (1977); In re Griffiths, 413 U. S. 717, 721-722 (1973); Graham v. Richardson, 403 U. S. 365, 376 (1971). "Alienage classifications by a State that do not withstand this stringent examination cannot stand." Nyquist v. Mauclet, 432 U. S., at 7.
Applying this stringent standard here, I would hold that, on its face, Cal. Gov't Code Ann. § 1031 (a) (West 1980) violates the Equal Protection Clause. Section 1031(a) makes citizenship one of six unrelated prerequisites for employment as a "public office[r] or employe[e] declared by law to be [a] peace office[r]."[3] Scattered sections of the California Code then designate a variegated collection of public employees as "peace officers," who by definition must be citizens. When appellees first sought their jobs, the "peace officer" category encompassed more than 70 public occupations, including such apparently unrelated positions as toll takers, cemetery sextons, *451 fish and game wardens, furniture and bedding inspectors, voluntary fire wardens, racetrack investigators, county coroners, State Supreme Court and Courts of Appeal bailiffs, messengers at the State Treasurer's office, and inspectors for the Board of Dental Examiners. See Chavez-Salido v. Cabell, 427 F. Supp. 158, 169-170, n. 22 (CD Cal. 1977) (listing positions). To this day, the legislature has offered no reason why such divergent classes of public jobs were gathered under the "peace officer" umbrella.[4]
The history of the statute, reviewed by the District Court, suggests the answer. Before 1961, California did not require any of its peace officers to be citizens. See 490 F. Supp. 984, 986 (CD Cal. 1980). Indeed, in 1851, California granted only sheriffs, policemen, marshals, and constables statutory "peace officer" status. Id., at 986, n. 4. For more than a century, the State did not reserve even those four occupations for citizens. Over the decades, dozens of subsequent enactments added other public positions to the "peace officer" list, but none required peace officers to be citizens. Ibid. Some positions were added to the list for reasons totally unrelated to logic.[5]
*452 In 1961, without stating any rationale, "in one fell swoop, the legislature passed Government Code Section 1031 which applied the mandatory citizenship requirement to all of the positions on the list." Id., at 986. The legislature apparently made no attempt to include on the "peace officer" list all positions for which citizenship arguably might be relevant or to exclude all positions for which it plainly would be irrelevant. Nine years after § 1031(a) was enacted, California's own Attorney General stated:
"It is our opinion that . . . this citizenship requirement can no longer validly be imposed. . . .
"[P]rior to 1961, there was no general requirement of citizenship to be a peace officer. We are aware of no change that occurred that would justify the change at that date. . . . [W]e are of the opinion that the classification is not constitutionally permitted. There does not appear to be a compelling state interest . . . to justify classifying certain peace officers as to alienage." Opinion No. 69-199, 53 Op. Cal. Atty. Gen. 63, 67-68 (1970).
After reviewing this history, the District Court sensibly concluded, not once but twice, that § 1031(a) could not survive the rigorous standard of review mandated by Sugarman and its progeny. See Chavez-Salido v. Cabell, 427 F. Supp., at 169-171; Chavez-Salido v. Cabell, 490 F. Supp., at 985-986. Noting that the State's own legal counsel had found the statute unsupported by a compelling state interest, the District Court concluded that the California Legislature had never made a reasoned judgment to exclude aliens from each individual "peace officer" position. Id., at 985-987. The District Court then found that, like the provision struck down in Sugarman, § 1031(a) "is grossly overbroad and sweeps much too broadly in its proscription of alien employment." 490 F. Supp., at 987.
*453 Without even a glance at § 1031(a)'s history, the Court today reverses, reasoning that the District Court improperly "applied a standard of review far stricter than that approved in Sugarman and later cases." Ante, at 442. The Court reads Sugarman to hold that "strict scrutiny is out of place when the restriction [on lawfully resident aliens] primarily serves a political function." Ante, at 439. Based on its "casual reading" of the list of "peace officer" positions from which aliens are excluded, the Court then decides that "the unifying character of all categories of peace officers is their law enforcement function." Ante, at 443. Conceding that § 1031(a) also bars aliens from jobs that "may have only a tenuous connection to traditional police functions of law enforcement," ante, at 443, the Court nevertheless declares that alienage classifications "need not be precise; there need only be a substantial fit" between the classification used and the State's asserted interest. Ante, at 442.
The Court's analysis fundamentally distorts Sugarman. That decision did not condone a looser standard for review of classifications barring aliens from "political" jobs. In both Sugarman and Nyquist, the Court recognized that a State may name its political community by exercising its "historical and constitutional powers to define the qualifications of voters or of `elective or important nonelective' officials `who participate directly in the formulation, execution, or review of broad public policy.' " Nyquist v. Mauclet, 432 U. S., at 11 (footnote omitted), quoting from Sugarman, 413 U. S., at 647. At the same time, however, the Court warned that "in seeking to achieve this substantial purpose, with discrimination against aliens, the means the State employs must be precisely drawn in light of the acknowledged purpose." Id., at 643.
While the subsequent decisions in Foley v. Connelie, 435 U. S. 291 (1978), and Ambach v. Norwick, Additional Information