This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated under HB2064. The article discusses flaws in the SEI program's theoretical and research base. The author refutes claims that SEI will be effective in teaching English language or in supporting ELLs' academic achievement to reach "parity of participation" with grade-level English proficient peers as required under federal court precedents. The article argues that ballot initiative P-203, which established the one-year SEI program model, is a violation of the Equal Educational Opportunities Act. Findings of the Commission on Civil Rights (1975) supported the effectiveness of bilingual bicultural education and cautioned against ESL pullout programs such as Arizona's SEI program.