Thursday, October 3, 2013
Some of you may have already seen Eloise Pasachoff’s article, Conditional Spending After NFIB v. Sebelius: The Example of Federal Education Law, which appeared in the American University Law Review. If not, it is worth reading for both your education law and constitutional law classes.
Building on that article, she just posted a detailed essay on the American Constitution Society’s website that compares education spending conditions and environmental spending conditions. Her bottom line is that, like environmental programs (which Erin Ryan recently analyzed), education programs will survive Sebelius. The full essay is here.