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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
Bruce Meredith' & Mark Paige
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
**  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


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