Gov. Greg Abbott said Wednesday that Texas would consider challenging a 1982 U.S. Supreme Court decision requiring states to offer free public education to all children, including those of undocumented immigrants.
"Texas already long ago sued the federal government about having to incur the costs of the education program, in a case called Plyler versus Doe," Abbott said, speaking during an appearance on the Joe Pags show, a conservative radio talk show. "And the Supreme Court ruled against us on the issue. ... I think we will resurrect that case and challenge this issue again, because the expenses are extraordinary and the times are different than when Plyler versus Doe was issued many decades ago."
The remarks came days after a leaked draft of a forthcoming U.S. Supreme Court opinion revealed that a majority of justices are poised to revoke Roe v. Wade, the landmark case establishing the right to abortion.
More:Abortion would be illegal in Texas if the Supreme Court overturns Roe v. Wade
Although the court has yet to officially issue a ruling in the case, civil rights advocates have raised concerns that the court's conservative majority might be amenable to other attempts to overturn established precedent, including those related to LGBTQ rights and interracial marriage.
Abbott raised the possibility of challenging the ruling on education during a discussion about border security, after Pagliarulo asked whether the state could take steps to reduce the "burden" of educating the children of undocumented migrants living in Texas.
There are of course of possible outcomes from this when it gets to SCOTUS just in time for the 2024 election season, I figure:
- SCOTUS doesn't touch it and refuses to grant cert,
- SCOTUS rules to uphold Plyler in its entirely,
- SCOTUS upholds Plyler but allows states to restrict funding for undocumented kids,
- SCOTUS says Texas doesn't have to provide education for undocumented kids but does for citizens,
- SCOTUS Texas doesn't have to provide education for kids at all and states can decide on it,
- SCOTUS says states can decide what services, if any, for undocumented people at all.
One and two, well. Probably not. Abbott wouldn't be doing this or even bringing this up if he didn't have a good chance at winning this, because then it becomes a huge landmine for his 2024 hopes (Although one allows him to blame the court and come back for another bite at the apple.)
Numbers 3, 4, 5, under the Alito Roe logic, then becomes an opinion where Alito/Thomas/Evil is begging for a case to then get to 6.
And six, well, six is the end of a lot of things involving undocumented folk being here at all.
Point is, anyone who thought Repu9blicans would stop at Roe clearly has not been paying attention to the last, I dunno, 40? years. Alito's opinion now allows states like Texas and Florida to get a head start on legal bullshit they want to see gone in the next term or two, yet another point in the column of "It was leaked by the right."
We'll see, as always.
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