New Mexico Schools Lose Funding Battle
In yet another victory today for federal regulation, in Zuni Public School District No. 89 v. Dept of Education, the U.S. Supreme Court upheld the Department of Education's method of calculation for determining when states had equalized expenditures for public school spending under state programs, finding the agency's method within Congressional intent. At issue was approximately $20 million in funding per year the New Mexico schools claimed it was due for its Native American pupils.
Scalia bitterly dissented, castigating the decision as "the elevation of judge supposed legislative intent over clear statutory text.""
The Volokh Conspiracy makes note of the Breyer's odd structure in his majority opinion's odd structure and the comments thereon by two members of the majority.
