I posted about the latest school funding lawsuit against our lawless TeaPublican legislature and governor back in April. The other show drops: Lawsuit against our lawless Tea-Publican legislature for unconstitutionally underfunding capital needs of school districts.
This case is back in the news this week. Our lawless TeaPublican legislature and governor are asking the court to dismiss this lawsuit, arguing that the plaintiffs have no standing to sue to hold them accountable for their unconstitutional underfunding of the capital needs of Arizona school districts.
The Arizona Capitol Times reports State asks judge to dismiss legal challenge to school finance scheme:
Saying challengers have no right to sue, lawyers for the state want a judge to throw out a challenge to the state’s school funding scheme.
In legal papers filed in Maricopa County Superior Court, attorney Brett Johnson does not directly address the contention by education officials, taxpayers and others that the lack of cash from the governor and Legislature has left schools with hundreds of millions of dollars of unmet construction, maintenance and equipment needs.
Instead, Johnson is telling Judge Connie Contes she has no authority to decide if the state is providing enough money. He said whatever they decide to provide in cash is a “political question” beyond the powers of the courts.
“Whether and how much money can be paid out of the state treasury is clearly committed by our constitution to those acting in a legislative capacity,” he wrote.
This “political question” doctrine defense is complete bullshit. The present lawsuit arises out of a prior lawsuit, and alleges that the state of Arizona is in violation of its previous settlement agreement in the long-running school capital funding case of Roosevelt Elem. School Dist. No. 66 v. Bishop (No. CV-93-0168 1994), in which the Arizona Supreme Court held that the statutory financing scheme for public education violated the Arizona Constitution, Article XI, § 1.