Indian Oasis-Baboquivari Unified School District No. 40 v. Kirk

In today’s decision, the majority bars both local school districts and their students from challenging the state’s alleged violation of federal law and improper diversion of federal funds designed to assure a full and fair education to local students in impoverished districts. In denying these parties access to the federal courts, the majority continues a dangerous and unfortunate trend insulating arbitrary and unlawful governmental action from full and fair review. Here, the majority goes too far when it bars on jurisdictional grounds all federal suits against the state by local governmental…