How A Rarely Discussed Supreme Court Case Could Upend Education.

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How A Rarely Discussed Supreme Court Case Could Upend Education.
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Gov. Greg Abbott is considering asking the federal government to pay for educating undocumented students in Texas public schools, resurrecting an argument from Plyler v. Doe, a 40-year-old Supreme Court decision.

was that the children were in fact persons within the jurisdiction of the state, and therefore, under the 14th Amendment, entitled to equal protection under the law.establishes a sufficient rational basis for denying them benefits that a State might choose to afford other residents,” but five justices disagreed.

The state also argued that providing education for the undocumented children was just too expensive. While education was not a “fundamental right,” it was still so important that,those uneducated children are “denied even the opportunity to achieve.” The denial of such a critical social program threatened to create an illiterate underclass, an American “caste system.

by Chief Justice Warren E. Burger agreed that establishing an underclass of illiterate persons would be wrong, but said that this was not the court’s problem to solve.

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