Schools 3, Legislature 0
Even after rigging the rules to favor
itself, the Idaho Legislature is coming up a loser when it lands in court as it
pleads to avoid its sworn obligation to public schools.
The record for legislators is appalling:
Idaho judges in the second, fourth and seventh judicial districts have ruled
against them. The score is schools 3, Legislature 0.
Now, if the Idaho Supreme Court shows the
same wisdom and rebukes the Legislature in an appeal action, the score will not
only move up to 4-0, but also effectively end any hope that the Legislature will
find a sympathetic ear inside Idaho’s court system.
Will the Legislature at long last get the
message and do its constitutional duty of funding desperately needed school
repairs? Or, will mean-spirited Republican leaders, who are stage managing this
unseemly foot-dragging, waste more taxpayer funds and delay justice for Idaho’s
schools and their children even further with some new ploy?
It’s been a decade since Fourth District
Judge Debra Bail ordered lawmakers to pay for school repairs, especially in poor
districts. Rather than comply, Republican legislators launched a series of
cynical end runs.
In the meantime, Idaho students—the very
foundation of the state’s future—have suffered through what passes for education
in some parts of the state in grossly inferior, inadequate and sometimes
dangerous, schoolhouses.
Who but someone totally contemptuous of
the courts and of their sworn public duty could concoct the next move: Writing a
law to ignore court orders and shift the funding responsibilities to school
districts and, in the ultimate abdication of duty, requiring judges (not
lawmakers) to raise taxes to force the repairs?
How clever—making schools and judges the
villains.
The odor of unconstitutional mischief on
this deceitful legislation is so pungent every judge asked to rule on it has
found it indefensible.
Perhaps the public expects this sort of
jerryrigging of the law for political purposes. But in defending this
legislative tomfoolery, Attorney General Lawrence Wasden also has joined the
state’s supposedly high-minded law offices to the hip of the Legislature’s
shame.
The final insult to Idaho’s taxpayers—the
beneficiaries of a previous misguided tax cut—will come when the Legislature
finally gets around, years and years late, to paying for the school repairs at a
far higher, inflated cost caused by their foot-dragging.
The legislative majority behind this
exercise in political scheming is quick to claim it is better equipped to manage
public funds with prudence and selfless fidelity.
Sure.