Stephanie Faye Sauer
93 Geo. Wash. L. Rev. 410
The pursuit of higher education has long been ingrained in the fabric of our nation. However, due to a decrease in government spending on public schooling over the last sixty years, colleges and universities have had to make up financial ground through raising the cost of tuition, creating a roadblock for many to attain this so-called “American Dream.” Students are now left with the responsibility of closing the financial gap by paying increased tuition and fees.
Yet no group has been expected to bear the burden of decreased school funding more than out-of-state students at public universities. Compared with their in-state counterparts, out-of-state students often pay at least two times—and sometimes up to four times—as much in tuition for the same education. This discriminatory behavior not only impermissibly favors in-state residents but also creates an incentive for universities to admit out-of-state students from high-income families over their equally achieving, low-income peers. To hold universities accountable, courts should examine out-of-state tuition practices under the Dormant Commerce Clause doctrine to force Congress’s hand to act to protect the free flow of knowledge as well as address an education system that increasingly accommodates the wealthy at the expense of the disadvantaged.
