Policy Dialogue: The Rodriguez Decision and Its Legacy

Abstract This year marks the fiftieth anniversary of the San Antonio v. Rodriguez case, viewed by some as the worst decision in the US Supreme Court’s modern history. As legal scholar Erwin Chemerinsky observed, the court essentially declared that “discrimination against the poor does not violate the Constitution and that education is not a fundamental right.” 1 Five decades later, how does this case from the past continue to exert its influence on the present? And how might the present have looked different if the court had reached a different conclusion? For this policy dialogue, the HEQ editors asked Bruce Baker and David Hinojosa to discuss the Rodriguez decision and its legacy, focusing particularly on how the case has shaped and constrained equity efforts in K-12 education. Bruce Baker is professor and chair of the Department of Teaching and Learning at the University of Miami. A leading scholar on the financing of public elementary and secondary education systems, he is the author of Educational Inequality and School Finance (Harvard Education Press, 2018) and School Finance and Education Equity (Harvard Education Press, 2021). David Hinojosa is the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law, where he spearheads the organization’s systemic racial justice work in guaranteeing that historically marginalized students of color receive equal and equitable educational opportunities in public schools and institutions of higher education. He is a leading litigator and advocate in civil rights, specializing in educational impact litigation and policy. HEQ policy dialogues are, by design, intended to promote an informal, free exchange of ideas between scholars. At the end of the exchange, we offer a list of references for readers who wish to follow up on sources relevant to the discussion.