Flores v. AZ: Tim Hogan’s never ending case

Back in 2009, in a 5-4 vote, the U.S. Supreme Court took a major step toward ending what was then a 17-year legal battle in the Flores v. Arizona case. In their opinion, the justices wrote that lower courts erred by placing extraordinary focus on forcing Arizona to spend more money to assist English Language-Learner (ELL) students.

At the time, U.S. Supreme Court Justice Samuel Alito wrote, the Court of Appeals “improperly substituted its own policy judgments for those of the state and local officials entrusted with the decision.”

Flores was sent back to the Ninth U.S. Circuit Court of Appeals with instructions to consider whether Arizona had complied with civil-rights law by improving both English-learner programs and K-12 education policies.

The case was argued by Arizona’s then-Superintendent of Public Instruction, Tom Horne. He served in that capacity from 2003 – 2011. Horne was elected Arizona Attorney General in 2010. He and Jim Weiers, then-Speaker of the Arizona House were listed as petitioners.

The majority opinion was issued by Justice Alito and joined by Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas. Justice Stephen Breyer filed the 47-page dissenting opinion, joined by Justices Ruth Bader Ginsburg, John Paul Stevens and David Souter. If you’re so inclined, the Supreme Court’s 89-page opinion can be read here.

Fast forward to 2013. The lawsuit has reached the ripe old age of 21. And whad’ya know? A federal court decision last month upholding the state’s English Language Learner programs is being appealed by Tim Hogan of the left-of-center Arizona Center for Law in the Public Interest. The case is now renamed Flores v. Huppenthal. Associate Justices Souter (replaced by Sonia Sotomayor) and John Paul Stevens (replaced by Elena Kagan) have retired.

Today the State Superintendent of Public Instruction is fomer state senator John Huppenthal. He contends ELL students are making progress in the English program. Most test out of the program within three years. He believes the state will prevail in the lawsuit.

Tim Hogan remains, still representing the plaintiffs. Of his career-long case, Hogan has this to say. “We just think the district court judge has gotten the law wrong.”

The Center for Law in the Public Interest refers to itself as a “non-profit.” Obviously Hogan has been making a living from this long-in-the-tooth case.  What’s the funding source?

The daily’s coverage of this ongoing bonanza can be read here.

9 Responses to Flores v. AZ: Tim Hogan’s never ending case

  1. eubykdisop says:

    The illustrious Eric Holder, the only sitting U. S. Attorney General ever to be found in contempt of Congress, had this to say:

    “Holder also said that the federal government will work hard “to safeguard the rights of language minorities.”

    “Holder made these remarks in an April 24 speech to the Mexican American Legal Defense and Educational Fund Awards Gala. MALDEF’s notable activity includes suing Sheriff Joe Arpaio and opposing Arizona’s immigration law.”


    Apparently the Obama administration has created a new minority class; “language minorities”. Without doubt, Holder’s assertion gives inspiration, impetus and sustenance to the never ending lawsuit! Isn’t it nice to know that your U. S. Department of Justice is on the case!

  2. Blackbeard says:

    Good question about the funding for this so-called non profit. It would be interesting to know how much Tim Hogan has earned over the past 2+ decades. My son is 21 and has been self supporting for the past year. Does anyone know if this group receives tax dollars? I hope not!!

  3. Kent says:

    The Center for Law in the Public Interest looks like a left wing flim flam group to me.
    I found their phone number here:

    Give them a call and ask about the source of their funding: (602) 258-8850. I’ll bet you won’t get a straight answer.

  4. Capt. Marvel says:

    Here’s the late, great, Louis Armstrong singing what should be Tim Hogan’s theme song: “A CASE to Build a Dream On.”

  5. Vince says:

    Ha! Good thinking Capt. Too bad the lyrics couldn’t be changed to “build a career on.”

  6. patriotmom says:

    Despite what we spend on ELL, we are still surrounded by illegals and their kids speaking Spanish all the time. Store signage, voting materials, educational information and more are in Spanish as well as English. Press One for English- ridiculous. The amnesty bill requirement that illegals demonstrate English proficiency- a pipe dream. That is why an increasing number of HR, supervisory and other jobs in Arizona are requiring bilingual skills- to cater to an ever growing non-English speaking population.

    During an interview a few years back with a major grocery chain- OK, Safeway stores- I was asked if I spoke Spanish. Nope. ( and personally, unlike Nobama, I don’t think Americans should be required to learn Spanish. If we ever take over Mexico, then OK.

    The answer: “We want people to feel comfortable conversing in their native language”. ( Oh, do you have HR people who speak Hindi, Russian, Farsi….No?) Too PC for me, not to mention plain stupid. How in the world would any of those employees ever have an opportunity to rise in the company if they couldn’t speak to English speaking customers with clarity? Answer- they wouldn’t, at least not as long as the majority in this country speak English ( which may not be too much longer…)

    And liberals say conservatives are racist.

    Bottom line: many illegals don’t want to learn English, never will, don’t have to, and idiots in business and Congress are just fine with that, thereby continuing the development of separate societies within our country.

    • Frankly Speaking says:

      Once again you hit the nail on the head. Neither Tim Hogan, John McCain, Jeff Flake or their cronies care about the future of this country. Their sole concern is advancing…either their own political careers or their money making agendas. Arizona’s so called Republican senators have shown themselves to be nothing more than self-centered egoists with their eye on their next elections. Those they are contriving to make new citizens will do nothing more than ensure the irrelevancy and eventual demise of the Republican Party. McCain and Flake and their ilk simply don’t care.

  7. CD 9 says:

    This state should declare English the official language and stop all others in State business. But with that said, remember old McStain said to us, “people they must learn English”, I guess just another McLie.

    • eubykdisop says:

      Of course, this is a big national push by the left to dilute our language which is an important part of our national and cultural identity. There are products which I will no longer buy because they have labels or advertisements in English AND Spanish. I let the manufacturers know about it too!