Horne v. Flores; Speaker of the Arizona House of Representatives v. Flores

Issue: Whether the courts below improperly declined to modify an injunction against Arizona for failing to provide sufficient funding for non-English speaking school children.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Samuel Alito on June 25, 2009.

Briefs and Documents

Merit briefs

• Brief for Petitioner Thomas C. Horne, Superintendent of Public Instruction of the State of Arizona (in 08-289 only)
• Brief for Petitioner Speaker of the Arizona House of Representatives and President of the Arizona Senate (in 08-294 only)
• Brief for Respondent State of Arizona and the Arizona State Board of Education (in 08-289 only)
• Brief for Respondent Miriam Flores, Individually and As Parent of Miriam Flores, Minor Child; Rosa Rzeslawski, Individually and As Parent of Mario Rzeslawski, Minor Child; State of Arizona and the Arizona State Board of Education, and Its Members In Their Official Capacities
• Reply Brief for Petitioner Thomas C. Horne, Superintendent of Public Instruction of the State of Arizona (in 08-289 only)
• Reply Brief for Petitioner Speaker of the Arizona House of Representatives and President of the Arizona Senate (in 08-294 only)

Amicus briefs

• Brief for Pacific Legal Foundation and Evergreen Freedom Foundation in Support of Petitioner
• Brief for the American Unity Legal Defense Fund, English Language Political Action Committee, ProEnglish, and the Center for Equal Opportunity in Support of Petitioner.
• Brief for the Eagle Forum Education & Legal Defense Fund, Inc., in Support of Petitioner
• Brief for the Washington Legal Foundation in Support of Petitioner
• Brief for the Mountain States Legal Foundation, in Support of Petitioner( in 08-289 only)
• Brief for Education-Policy Scholars in Support of Petitioner (in 08-294 only)
• Brief for the American Legislative Exchange Council and Certain Individual State Legislators in Support of Petitioner
• Brief for Educational Policy and Finance Scholars in Support of Respondent (in 08-294 only)
• Brief for the National School Boards Association, the American Association of School Administrators, the National Education Association, and the Arizona Education Association in Support of Respondent
• Brief for the Washington Lawyer’s Committee for Civil Rights and Urban Affairs Immigrant and Refugee Rights Project, DC Language Access Coalition, and the Latin American Youth Center in Support of Respondent
• Brief for the Asian American Justice Center, National Council of La Raza, et al., in Support of Respondent
• Brief for the United States of America in Support of Respondent
• Brief for Civil Rights Organizations in Support of Respondent
• Brief for the Tucson Unified School District, Mesa Unified School District, Sunnyside Unified School District, Tempe Elementary School District and the Phoenix Union High School District in Support of Respondent
• Brief for Asian American Legal Defense and Education Fund, et al., in Support of Respondent
• Brief for the NAACP Legal Defense and Educational Fund, Inc., National Senior Citizens Law Center, National Health Law Program, and New York Lawyers for the Public Interest in Support of Respondent

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari (08-289)
• Petition for certiorari (08-294)
• Brief in opposition (Flores)
• Brief in opposition (Arizona)
• Petitioner’s reply (08-294)
• Brief of Washington Legal Foundation (in support of petitioners)
• Brief of the American Legislative Exchange Council as Amicus Curiae (in support of petitioners)