US Supreme Court Docket

Supreme Court Docket


[Download January 12, 2008 Argument Calendar PDF]

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Speaker of the Arizona House v. Flores
No. 09-294

Title:

    Speaker of the Arizona House of Representatives, et al. v. Miriam Flores, et al.

Subject:

    Education Law, Civil Procedure, No Child Left Behind Act

Question:

    In 2000, a federal district court held that Arizona violated the Equal Educational
    Opportunity Act ("EEOA") because it was not adequately funding programs for
    teaching English to students. Since then, Arizona has implemented enormous
    funding increases and complied with the comprehensive federal requirements for
    English-language instruction under the No Child Left Behind Act ("NLCB"). The
    district court has nonetheless refused to modify its eight-year-old injunction,
    imposing multi-million dollar penalties on the State until the Arizona Legislature
    further (and substantially) increases funding. Applying a standard that conflicts with
    decisions of this Court and the other courts of appeals, the Ninth Circuit affirmed,
    holding that Petitioners were not entitled to relief because (i) the named defendants
    support the injunction, and (ii) the injunction's "basic premises" have not been
    "swept away."

    The questions presented are:

    1. Whether a federal-court injunction seeking to compel institutional reform
    should be modified in the public interest when the original judgment could not have
    been issued on the state of facts and law that now exist, even if the named
    defendants support the injunction.

    2. Whether compliance with NCLB's extensive requirements for English language
    instruction is sufficient to satisfy the EEOA's mandate that States take
    "appropriate action" to overcome language barriers impeding students' access to
    equal educational opportunities.

Decisions:

Resources:

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

Eric J. Bistrow
Burch & Cracchiolo, P.A.
Phoenix, AZ

For Respondent:

Kimberly Anne Demarchi
Lewis & Roca LLP
Phoenix, AZ



 

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