ABSTRACT
The impact of the courts, particularly the federal judiciary, on education policies and politics has evoked interest and critique for the past several decades. This chapter explores the complexities of the judiciary’s infl uence, including arguments of those who support and lament the judiciary being actively involved in public education. Following an overview of the role of the courts in general, this chapter addresses historical trends in education litigation. The next sections explore the interplay and tension across branches and levels of government, with elaboration on two topics where the interplay and judicial impact have been particularly pronounced.
