Horne v. Flores

Justice Breyer,

with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting.

The Arizona Superintendent of Public Instruction, the President of the Arizona Senate, and the Speaker of the Arizona House of Representatives (the petitioners here) brought a Federal Rule of Civil Procedure 60(b)(5) motion in a Federal District Court asking the court to set aside a judgment (and accompanying orders) that the court had entered in the year 2000. The judgment held that the State of Arizona’s plan for funding its English Language Learner program was *473arbitrary, and therefore the State…