The Key to Ensuring Unconstitutionality-Strict Scrutiny A Key That Doesn't Fit in the Vergara Case By Kathleen Carroll
(Mensaje se repite en Español)
Reading the Vergara decision was like being on an old rickety roller coaster where each twist and turn seemed like the tracks would give way any second, or at any moment I was going to be ejected from my seat- I just wanted off this crazy contraption. I had to re-read the decision a number of times before I could wrap my head around the bizarre legal hoops that Judge Treu seem to be flying through to come to his legal conclusions.
After my head stopped spinning, I attempted to make sense of the seemingly tenuous arguments that appeared on almost every page of the decision. Astoundingly the decision begins on page one with an announcement of the anniversary of Brown v. Board of Education. You know the case, the groundbreaking U.S. Supreme Court case that held school segregation based on race was unconstitutional. There is even a lengthy quote from the Brown v. Board of Education decision that runs down another quarter of a page on page two of the Vergara decision. Yes, I say, great decision, really impressive to cite this one. But I wonder why the judge is citing this case.
Thinking he must have been at home sipping the strong stuff or smoking mellow yellow when writing this decision, I am certain he will wake up soon realizing he must stick to the case at hand. This judge must determine whether these employment statutes in the California education code are unconstitutional as violating equal protection, since this is the claim that the plaintiffs are making.
Taking a deep breath, I read on, hoping beyond hope that a glimmer of light will emerge, that I will be struck with enlightenment and miraculously this decision will all make sense to me. Continuing on page two, I see that Serrano v. Priest is cited, another groundbreaking case where the California Supreme court has stated that education is a fundamental right, that the school funding system at the time was a violation of equal protection. These big warm fuzzy cases (Brown, Serrano, Butt) are painted on the pages of this decision like window dressing carefully placed to achieve some effect. However, as no mention of relevant law has appeared up to this point, I have serious concerns that the judge was on a drinking binge when he wrote this decision.
With eyes strained, I continue, thinking some resemblance of legal clarity will eventually unfold. Down page two I go, then up to page three where again the judge cites irrelevant case law (Brown, Serrano and Butt) involving unequal education The Key to Ensuring Unconstitutionality-Strict Scrutiny A Key That Doesn't Fit in the Vergara Case By Kathleen Carroll - Perdaily.com: