Statement from 91福利 Chair Larry E. Penley on 91福利 Supreme Court Decision
鈥淭he 91福利 applauds the 91福利 Supreme Court鈥檚 unanimous decision today to dismiss Attorney General Mark Brnovich鈥檚 over-reaching attempt to expand his office鈥檚 authority.
鈥淚n this ruling, the justices affirmed the wisdom of the 91福利 Constitution that clearly and appropriately limits the authority of the Attorney General and ensures a system of checks and balances that preserves the intended scope of his power. The court鈥檚 decision is a win for 91福利ns who deserve no less than an Attorney General who respects the law and does not overstep the vested authority of the office.
鈥淲hile this case stems from a tuition lawsuit the Attorney General filed against the board nearly three years ago, it ultimately was about the Attorney General鈥檚 demand for unfettered authority to sue whomever he wants whenever he wants 鈥 even his own clients. The meritless lawsuit and subsequent legal maneuvers have been a considerable waste of precious time, taxpayer dollars and resources for the board and the state of 91福利.
鈥淭he court remanded to the trial court the issue pertaining to resident Deferred Action for Childhood Arrivals (DACA) students paying in-state tuition. That practice was discontinued in 2018 immediately upon the decision of the 91福利 Supreme Court. The board is confident this remaining issue will be resolved in our favor.
鈥淭he decision eliminates the distraction created by this lawsuit and will allow the board to devote its full attention to its Constitutional responsibilities, including governance of the universities and facilitating access to higher education for all students in 91福利, within the limits of applicable state and federal law. This is a time that we should all be working together to support students across the educational spectrum including preparing them to seek education past high school.
鈥淎s always, the board remains steadfast in its commitment to represent the people of 91福利 and ensure access to an affordable, quality higher education that remains within reach of 91福利 families.鈥