Brian B. v. Pennsylvania Department of Education

I agree with the majority that the proper standard of review for this case is rational basis scrutiny. I disagree, however, that Subsection A, which restricts the educational opportunities available to school-age county inmates, survives a rational basis review. In my view, Pennsylvania’s treatment of this category of prisoners is arbitrary and violates equal protection. For that reason, I respectfully dissent.

I

The Equal Protection Clause of the Fourteenth Amendment prohibits a State from “deny[ing] to any person within its jurisdiction the equal protection of the laws.” U.S. Const, amend.…