Tuesday, November 21, 2006
Lake View Blues
It is a little bit ominous that several school districts are urging the Arkansas Supreme Court to retain jurisdiction in the Lake View case. This is a very close call, and I am not completely clear on what the right outcome should be.
There are several downsides to keeping this case in the Supreme Court, which would probably kick it back to the very capable and fair-minded special masters. By the way, I am not jesting about that. They have, so far, done a fine job. The first problem is that the high court will be edging toward making itself into a lawmaking branch of government, instead of its’ proper judicial role. There is the uncertainty of not knowing what must be done to provide a constitutional education. Keeping the case will take time and money, in addition to the quarter-bill part of the surplus that is bound to be spent on much needed facilities. The lawyers are bound to make more money out of an extension of court supervision, but they could probably make more by starting a new lawsuit from scratch.
The upside is that the legislature will be held strictly accountable a little bit longer. Say what you will about the Supremes, not much was happening on school reform until the court made the general assembly obey its’ own laws. It is a very close call but I say the Arkansas Supreme Court should retain jurisdiction until it can see what has been done in the session.
(Broadcast November 20, 2006)
There are several downsides to keeping this case in the Supreme Court, which would probably kick it back to the very capable and fair-minded special masters. By the way, I am not jesting about that. They have, so far, done a fine job. The first problem is that the high court will be edging toward making itself into a lawmaking branch of government, instead of its’ proper judicial role. There is the uncertainty of not knowing what must be done to provide a constitutional education. Keeping the case will take time and money, in addition to the quarter-bill part of the surplus that is bound to be spent on much needed facilities. The lawyers are bound to make more money out of an extension of court supervision, but they could probably make more by starting a new lawsuit from scratch.
The upside is that the legislature will be held strictly accountable a little bit longer. Say what you will about the Supremes, not much was happening on school reform until the court made the general assembly obey its’ own laws. It is a very close call but I say the Arkansas Supreme Court should retain jurisdiction until it can see what has been done in the session.
(Broadcast November 20, 2006)
