Cantú and her colleagues carefully built their case against the State of Texas. They chose the name âBorder Initiativeâ and framed the case as a class action lawsuit. While Cantú was doing her own research, she found racial undertones involved in the allocation of higher education funds across the state. The Texas Attorney General's office argued that higher education was not a fundamental right. Ultimately a federal judge ruled that State of Texasâ funding format was unconstitutional on the basis of denying students right to a public higher education, but it was not proven that the state acted with intent of racial discrimination.
