Legal Opinion

Spackman Ex Rel. Spackman v. Board of Education

Utah Supreme Court

Decided October 31, 2000No. 990553PublishedCited by 99 opinions

1Opinion of the Court

DURRANT, Justice:

{1 Pursuant to rule 41 of the Utah Rules of Appellate Procedure, the United States District Court for the District of Utah, Judge Tena Campbell presiding, certified the following question to the Utah Supreme Court:

Whether the Free and Equal Public Education Clause of the Utah Constitution (Art. X, § 1) and/or the Due Process Clause of the Utah Constitution (Art. I, § 7) are self-executing constitutional provisions that may be directly enforced without implementing legislation.

In light of the posture in which the case is presented, there are two evident components to the…

2Cases cited27 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Davis v. PassmanSupreme Court of the United States · 1979
  4. Bush v. LucasSupreme Court of the United States · 1983
  5. Schweiker v. ChilickySupreme Court of the United States · 1988

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3Cited by99 opinions

  1. Katzberg v. Regents of University of CaliforniaCalifornia Supreme Court · 2002
  2. America West Bank Members L.C. v. StateUtah Supreme Court · 2014
  3. Jones v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 2006
  4. State v. LaffertyUtah Supreme Court · 2001
  5. Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017

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