Texas GOP Governor Considers Challenging 1982 Ruling Requiring Free Public Education

Days after rights advocates warned that the U.S. Supreme Court’s expected overruling of Roe v. Wade portends rollbacks of numerous rights for people in the U.S., Republican Gov. Greg Abbott of Texas said he wants to challenge a 40-year-old ruling that affirmed states must offer free public education to all children.

In a radio interview with right-wing host Joe Pagliarulo late Wednesday, Abbott discussed border security and agreed with the host’s claim that the children of undocumented immigrants place a “real burden on communities” when they attend public schools, as the Plyler v. Doe ruling required states to allow in 1982.

“The challenges put on our public systems [are] extraordinary,” Abbott said. “Texas already long ago sued the federal government about having to incur the costs of the education program… And the Supreme Court ruled against us on the issue about denying, or let’s say Texas having to bear that burden.”

“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 v. Doe was issued many decades ago,” the governor added.

The Plyler case arose from a 1975 decision by the state of Texas to permit school districts to deny admission or charge tuition to undocumented immigrant families. The Mexican American Legal Defense and Educational Fund filed a class action lawsuit after Tyler Independent School District charged $1,000 per year to children who did not provide proof of American citizenship.

The Supreme Court evetually took up the case. Later, the justices ruled 5-4 that the 14th Amendment entitles all children in the U.S. to free public education.

Abbott’s comments came two days after a draft opinion was leaked from the U.S. Supreme Court. The opinion revealed that the court’s right-wing majority voted earlier this year to overrule Roe, a move that would eliminate abortion rights for millions of women in states hostile to reproductive justice.

“The leaked opinion is an invitation to all manner of challenges to deeply rooted precedents,” said Tom Jawetz, former vice president of immigration policy at the Center for American Progress.