News and Events

Law School News

Dean Starr Prevails in U.S. Supreme Court Case Horne v. Flores

The United States Supreme Court ruled 5-4 in favor of Dean Kenneth Starr's clients, the speaker of the Arizona House of Representatives and the president of the Arizona Senate, on Thursday, June 25, in the case of Horne v. Flores.

The case was initiated nearly two decades ago in 1992 and centered on the enforceability of a nine year-old injunction issued by a federal district judge in Arizona. The injunction was issued pursuant to the Equal Educational Opportunities Act, mandating that the state put in place an adequate funding system for its English-language education programs.

On behalf of the Arizona legislature, Dean Starr successfully argued that there had been significant changes in the circumstances since the district court's original ruling, including increases in state funding, changes in the management of the school district involved, and the passage of the No Child Left Behind Act, among other changes, such that the lower courts erred in denying relief from the injunction.

Justice Samuel Alito delivered the opinion on behalf of the majority, which reversed the Court of Appeals and remanded the case for further proceedings. Justice Stephen Breyer authored the dissenting opinion. The case was argued on April 20, and was Dean' Starr's 36th United States Supreme Court argument.

For the full text of the Supreme Court's opinion, go to
http://www.supremecourtus.gov/opinions/08slipopinion.html.