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58 Hous. L. Rev. 355 (2020-2021)
Reversing Rodriguez: A Siren Call to a Dangerous Shoal

handle is hein.journals/hulr58 and id is 367 raw text is: ARTICLE REVERSING RODRIG UEZ: A SIREN CALL TO A DANGEROUS SHOAL Bruce Meredith' & Mark Paige ABSTRACT Since the Supreme Court declared education is not a fundamental right in the landmark case San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), a cottage industry of scholars and litigators have developed alternative theories to distinguish or reverse that decision. Two recent cases target different alleged educational failings; in one, a lack of instruction in civics; in another, a failure to provide basic literacy skills. Based on those alleged failings, these cases seek to establish a constitutional guarantee to an equal education that ensures that students gain the necessary skills to fully participate in our democracy. While the goals of these cases are laudable, attempts to reverse Rodriguez are both misguided and dangerous. Misguided because they repackage arguments consistently * Bruce Meredith, J.D., is the former General Counsel to the National Education Association Wisconsin Affiliate. He received his B.A. from Northwestern University and J.D, with honors, from the University of Wisconsin Law School. After graduation, he served as a law clerk to the chief judge for the Northern District of Florida and as a Field Attorney for the National Labor Relations Board before his employment with the Wisconsin Education Association Council. He has litigated numerous educational policy cases, including those involving school finance, voucher and charter schools, and desegregation orders. ** Mark Paige, J.D., Ph.D., is a professor of public policy at the University of Massachusetts-Dartmouth. He received his B.A. from Tufts University, magna cum laude, and J.D. and Ph.D. from the University of Wisconsin-Madison, with honors. He has represented school districts in New England on special education, collective bargaining, and other education law matters before various courts and administrative bodies, including the New Hampshire Supreme Court. He started his career in education as a fifth-grade teacher. 355

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