November 19, 2007
State School Funding Cases in the Aftermath of San Antonio School District v. Rodriguez
San Antonio School District is a 1973 decision in which the Supreme Court held 5-4 that reliance on property taxes to fund public schools did not violate the Equal Protection Clause even if it caused inter-district expenditure disparities. The Court thereby refused both to enshrine a fundamental right to education in the Constitution and to subject school funding decisions to strict scrutiny. Judge Sutton was involved in some of the flurry of litigation that arose in the wake of the decision on the state level. His lecture will focus on the effects of the San Antonio decision on public school funding and federalism more broadly.