Arizona Supreme Court Agrees to Hear Appeal of ABOR Tuition Lawsuit

PHOENIX – The Arizona Supreme Court has agreed to hear Attorney General Brnovich's lawsuit against the Arizona Board of Regents (ABOR) for skyrocketing tuition and fees at state universities. Today, the people of Arizona are one step closer to getting to the bottom of why in-state tuition has increased more than 300 percent since 2003.

Arizona’s Constitution requires instruction at the state’s public colleges to be provided “as nearly free as possible.” Instead of answering to taxpayers, the Regents have hid behind a 60-year-old Supreme Court ruling, Arizona State Land Department v. McFate, which even the Court of Appeals said “appears to be flawed.”

Attorney General Mark Brnovich thanked the Justices for agreeing to hear this important case and offered the following comments:

"For the last 15 years, Arizona students and their families have struggled to afford a college education at our state universities with no possible relief in sight. The Supreme Court today offered a glimmer of hope — an open door for a necessary debate regarding the authority of the Attorney General to defend the state constitution and affordability of higher education at our public universities."

Both parties will have to file supplemental briefs by March 3, 2020. Oral arguments will be set by the Court at a future date.

Copy of Arizona Supreme Court Minutes.