Kromko v. Ariz. Bd. of Regents
In Kromko v. Ariz. Bd. of Regents, 216 Ariz. 190, 192, P 12, 165 P.3d 168, 170 (2007), four students enrolled at the University of Arizona filed a complaint, on behalf of themselves and as representatives of the putative class of all students, against the Board of Regents and the Legislature alleging that the 2003-04 tuition rate increase violated Article 11, Section 6, of the Arizona Constitution, which provides that "the instruction furnished" at state universities shall "be as nearly free as possible." 216 Ariz. at 191, PP 1, 5, 165 P.3d at 169. The Board countered that the case presented a nonjusticiable political question. Id. at 192, P 10, 165 P.3d at 170.
The supreme court agreed with the Board, stating it could "conceive of no judicially discoverable and manageable standards . . . by which to decide such issues . . . . At best, we would be substituting our subjective judgment of what is reasonable . . . for that of the Board and Legislature, the very branches of government to which our Constitution entrusts this decision." Id. at 194, P 21, 165 P.3d at 172.