United States Ninth Circuit

In an action challenging Arizona revised statutes sections15-111 and 15-112, which were sponsored and implemented by the Arizona state superintendent of education, and which eliminated the Mexican American Studies program in Tucson public schools, the district court's summary judgment is: 1) affirmed in part as to rulings that section 15-112(A)(3) is unconstitutional in violation of the First Amendment but severable from the rest of the statute, that sections 15-112(A)(2) and (A)(4) are not overbroad in violation of the First Amendment, and that sections 15-112(A)(2) and (A)(4) are not vague in violation of the Due Process Clause; and 2) reversed in part as to plaintiffs' equal protection claim where there were genuine issues of fact regarding whether the enactment and/or enforcement of section 15-112 was motivated at least in part by a discriminatory intent.

Appellate Information

• Decided 07/07/2015
• Published 07/07/2015

Judges

• Rakoff

Court

• United States Ninth Circuit

Counsel