Terry Gene Pauley v. John H. Kelly

Summary

The Supreme Court of Appeals of West Virginia reversed the dismissal of a class action by Lincoln County parents and students challenging the constitutionality of the State's public school financing system. The court held that education is a fundamental constitutional right under Article XII, Section 1's Thorough and Efficient Clause, so discriminatory financing classifications face strict scrutiny under state equal protection guarantees; it defined the components of a thorough and efficient education and remanded for evidentiary development of whether the financing system fails that standard. It also held the motion to dismiss was improper because such motions test only legal sufficiency and disputed factual issues precluded summary judgment. Justice Neely dissented, contending the issue is a nonjusticiable political question under Baker v. Carr and that he would affirm the dismissal.