Cross-posted from RestoreReason.com.
Capitol Media Services reported yesterday, that a Federal judge ruled Governor Ducey’s funding scheme, that became Proposition 123, is unconstitutional. Judge Neil Wake “said the federal Enabling Act that made Arizona (and New Mexico) a state in 1912 and gave it lands to hold in trust for schools allows the state to use only the interest off the money earned. The idea, Wake explained, was to preserve the body of the trust – and the future interest it would earn – for future generations.” Wake deemed that Prop. 123, the solution to settle the lawsuit filed in 2010, does not comply with that law.
“Nowhere in the history does anyone request or suggest that Congress give unfettered discretion to either state or that it was abdicating its oversight obligations under either state’s Enabling Act,” he wrote.
Ducey’s attorney however, said there is a provision in recent federal legislation that authorizes future payments from the trust that helps fund the school finance formula, but also ratifies the $344 million in payments already made. The Governor’s press aide, Daniel Scarpinato, said, “We’re not terribly worried”.