Arizona Asks the U.S. Supreme Court to Step In
That's the essence of the argument contained in a petition to the U.S. Supreme Court to review the appeals court's judgment in the Flores case. The petition is dated Sept. 1 and was filed by Kenneth W. Starr, the former Independent Counsel on the Whitewater scandal, and by other lawyers. (Mr. Starr is listed on the 39-page document as a counsel of record for Kirkland & Ellis, which has an office in Los Angeles.)
The petitioners are the Speaker of the Arizona House of Representatives and the President of the Arizona Senate. The document says:
[T]his court's intervention is needed to put an end to the federal judiciary's eight-year reign over Arizona's schools. Arizona needs this court's help to return control over the funding of Arizona's school programs to where it rightly belongs--out of the hands of a single federal district court judge and back into the hands of Arizona's democratically accountable officials.
Those are fighting words.
But I know from reporting on the Flores case for more than eight years that Timothy Hogan, the lawyer for the plaintiffs in the case, is also a fighter and will persist in arguing that ELLs aren't yet getting an adequate education in Arizona.