ARCE, ET AL. V. HUPPENTHAL (U.S.C.A. 9TH CIRCUIT, 2013)

At issue in this case is Arizona law HB 2281, which bars public schools from 1) promoting the overthrow of the government; 2) promoting resentment towards a race or class of people; 3) designing programs primarily for students of a particular ethnic group; and 4) advocating ethnic solidarity instead of the treatment of pupils as individuals. The legislative history of the bill makes clear that its intent was to dismantle the Tucson Unified School District’s Mexican-American Studies program (MAS), despite the program’s success in closing the educational achievement gap for Latino students. After passage of the law, the State Superintendent ordered the school district to dismantle the MAS program. MAS staff and students filed suit. ADL joined a brief written by the Chief Earl Warren Institute for Law and Social Policy, which argues that the lower court erred in failing to consider fully how the law violates equal protection guarantees.