Thursday, September 01, 2005

Kowtowing to Courts Proving Costly: School Case

By Mark Moore (click "comments" below for article).

5 Comments:

Blogger Mark Moore (Moderator) said...

So it seems some folks in the AGs office have finally grasped the idea that letting courts bench-legislate what Arkansas schools should look like will be costly and controversial.

Aaron Sadler of the Arkansas News reports that "Attorney General Mike Beebe defended one of his deputies Wednesday, a day after an assistant attorney general's remarks about constitutional protection of education became public.

Assistant Attorney General Timothy Gauger said in an April 29 e-mail that the result of school funding litigation may lead to a language change in the state constitution mandating the state to provide "general, suitable and efficient" public education."

I don't think most folks want it to come to that. But the other possiblity mentioned in Sandler's article sounds like an idea whose time has come.......

"In the e-mail, Gauger said a victory for Rogers could cause a constitutional change or a push to strip the courts from their authority to hear school funding matters. The e-mail stated he would agree with taxpayers who "will not tolerate a scheme that allows courts, at the behest of school superintendents, to essentially mandate tax increases or reductions in other valuable state programs.""

The courts have re-appointed two "special masters" to tell the elected legislature what they can do, what they can't do, and what they must do. It is clear that some legislators are now regretting their decision to pretend like standing up to the state courts was not an option. It was, and if the courts get too pushy, the people may insist that this option be pursued.

During the special session there was one lonely voice in the ledge predicting exactly what is now occuring. This legislator had a plan to curtail the courts. It never got off the ground as he was scoffed and belittled by some of the same people who are now wringing their hands over the problem. Guess who that legislator is?

12:47 PM, September 01, 2005  
Anonymous Anonymous said...

Ray Kidd?

7:04 AM, September 02, 2005  
Anonymous Anonymous said...

Pleeeease don't say Jim Holt.

If you are going to anyway, please tell us the bill number the plan was in.

If there is no bill number, refer us to a press release or press conference and the corresponding coverage in the media.

If there was no release, conference, or coverage of such, please give us some other supporting evidence of this claim.

3:39 PM, September 02, 2005  
Blogger Mark Moore (Moderator) said...

It wasn't a bill. It was an ammendment that he filed in the special session on education. He wanted to refer it to the voters. It said parents and communities had the right to determine what a suitable education meant for their own children. Dave Bisbee thought it was a good idea and filed one that was similar- though he may have been trying to play all sides as he so often does. John Brummet wrote that Bisbee's ammendment was the worst one ever, and that Holt's was second.

10:24 PM, September 07, 2005  
Anonymous markm said...

And yes, it was Jim Holt. You guys think he is hallucinating when all he is doing is seeing farther ahead than the rest of you. And then when the things he tried to warn you about come to pass, you forgot that he warned you and only remember that you think he is crazy. So who does that make the crazy ones?

8:37 AM, September 10, 2005  

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