Case Summary

As of 1992, Texas spent far less on higher education in the predominantly-Latino Border counties than in the rest of the state. LULAC sued, and though the Texas Supreme Court refused to rule in LULAC’s favor, the lawsuit mobilized the Texas legislature to massively increase investment in higher education along the border.

“Latin American students face discrimination and underinvestment across America,” reflected Roman Palomares, current LULAC National President. “In LULAC v. Richards, we fought those racist and discriminatory policies—and we also proved that, even if a lawsuit doesn’t win in court, it can still change the country by mobilizing voters and politicians to respond to grave injustices.”

Over the course of the 19th and 20th centuries, Texas had discriminated against Mexican American students officially and unofficially as part of its “Jaime Crow” policies. As of 1992, Texas invested far less on education in the Border areas of Texas, which had a predominantly Latino population. Despite containing 20% of Texans, the Border schools possessed only 3 of Texas’s 590 doctoral programs; received only 10% of total funding; and possessed cheaper, less-well supplied facilities placed at great distance from one another.

LULAC sued under Texas law. LULAC won in the trial court, where the jury found that the funding was egregiously different due to active discrimination against Latin American students. But the Texas Supreme Court held that that was not enough and reversed the verdict.

Despite the defeat in the courts, however, the case had a major impact on Texas politics. After the case, the Texas legislature passed new laws dramatically increasing the funding of Border schools. The Border Initiative involved roughly half a billion dollars in new funding, which transformed higher education in southern Texas.

Legal Documents

10/06/1993 Opinion

Further Reading

Suing Alma Mater: Higher Education and the Courts by Michael Olivas