CTA victory in Vergara will stand appeal test


Legal experts say the unanimous Vergara ruling suggests that the forces behind the lawsuit have a steep hill to climb in convincing the California State Supreme Court to hear an appeal of the decision that handed a total victory to teachers, parents and students, and the California Teachers Association.

The California State Supreme Court hears only about 2% of cases brought to the court on appeal. Without controversial elements in the case that would require clarification from a higher court, appeals are rarely taken up.

In analyzing the constitutional principles stated in the Court of Appeal’s ruling, the opinions are straightforward and unremarkable. The Court simply applied well-settled precedent under the Equal Protection Clause and concluded that plaintiffs’ theory had no valid constitutional underpinning.

There’s no justification why the Court would reach out to take this case, because there was nothing path-breaking or unusual in the Court of Appeal’s straightforward equal protection analysis. Also, the opinion was unanimous, and written by a panel comprising three well-respected, mainstream justices, who are perceived as on different sides of the political spectrum.”

The three justice panel’s matter-of-fact dismissal of the lower court ruling makes a successful appeal to the California State Supreme Court unlikely.


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