Governor Challenges Legality of Common Core With Federal Lawsuit


by Long Island Attorney Paul A. Lauto, Esq.

In our June 5, 2014 Scales of Justice article entitled, “Is The Common Core Illegal?” (See we  examined the legality of the Common Core national education program.  Some of the challenges addressed included potential violations of the 10th Amendment to the U.S. Constitution, the General Education Provisions Act, the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 and privacy laws.

Essentially opponents to the Common Core believe the federal government has overreached its power, trampled upon states’ rights and coerced states to “race to the top” by making federal education funds contingent upon participation in a seriously flawed Common Core program.  Proponents believe no such violations exist, in that each state had the choice of whether or not to participate in the Common Core.  At the end of the aforesaid Scales of Justice article as to whether or not the Common Core is illegal, we concluded that it may soon be a question for the courts to decide, and now officially it is.

Louisiana Governor Republican Bobby Jindal, has filed suit against The United States Department of Education and Arne Duncan, in his official capacity as the U.S. Secretary of Education, challenging the legality of the Common Core.  Governor Jindal, formerly a proponent of the Common Core, essentially claims in part that the Obama Administration effectively coerced states to join the Common Core.  Further, that said coercion was executed by dangling a 4.3 billion dollar federal education grant money carrot in front of them, thereby violating the Constitution and federal law.  If Governor Jindal’s federal lawsuit succeeds, states that choose not to participate in the Common Core will no longer be denied “race to the top” federal funds.

Long Island Lawyer
Paul A. Lauto, Esq.

Paul A. Lauto, Esq.
Paul A. Lauto, Esq. completed his undergraduate studies at SUNY at Stony Brook in 1987, with a major in political science and a double minor in socio-legal studies and moral-legal issues in philosophy. Mr. Lauto received his Juris Doctor from New York Law School in 1990 and was admitted in 1991 to practice in the courts of New York State, as well as the Eastern and Southern Districts of the United States District Court.

Mr. Lauto has primarily focused on personal injury throughout his career and previously worked as in-house counsel to a major insurance company. In 2002 Mr. Lauto established Paul A. Lauto, PLLC, with a primary concentration on personal injury, all types of accident cases, Wills, Trusts and Estates and more. Paul is the sole author of his Scales of Justice blog, which provides updates and information about current legal stories in the news and how they may affect our lives. Mr. Lauto prides himself on providing clients maximum results, with a high level of personal attorney service and attention that is uncommon in the profession. For more information please visit