Views
Opinion column
by Murrel Bland
The big question looming in Topeka these days is “How will the Kansas Supreme Court rule on the equity issue of the public school funding case?”
That was a topic of discussion Friday, May 13, at a meeting of the Legislative Committee at the offices of the Kansas City, Kan., Area Chamber of Commerce.
The Supreme Court heard oral arguments Tuesday, May 10. A lawyer for the state, Stephen McAllister, said the Legislature has made a good faith effort to make school funding more equitable. However, Alan Rupe, a lawyer for the plaintiffs suing the state, urged the court to repeal the new law and revert back to a previous formula. That would cost the state an additional $30 million. The Kansas City, Kan., School District is one of the plaintiffs in the suit.
The Supreme Court has ruled that if the Legislature doesn’t come up with an equitable formula, schools will close June 30.
State Sen. Steve Fitzgerald, R-5th Dist., who was at the chamber committee meeting, speculated about how the court might rule. He said he expected the court to accept the legislature’s remedy because it is an election year. The Legislature’s plan did not call for any additional spending, but rather shifted money around. The Legislature left much of the specific cuts to Gov. Sam Brownback, who is term limited. All Kansas House and Senate seats will be up for re-election this year.
Sen. Fitzgerald said that the court doesn’t want to be one responsible for closing schools.
Five of the eight judges are up for retention this year. In Kansas, justices run against their records. There has been considerable speculation that ultra-conservative groups will urge voters not to retain four of these justices—Marla Luckert, Carol Beier, Dan Biles and Chief Justice Lawton Nuss. These conservatives have alleged that the court has activist judges who “overstep their authority in making legislation.“ Those with more moderate views allege that the court has stepped in because the Legislature has failed to act.
Sen. Fitzgerald said that the latest appointment to the court, Caleb Stegall, a conservative appointed by Republican Gov. Sam Brownback, should be safe. Former Gov. Kathleen Sebelius, a Democrat, appointed Beier and Biles. Gov. Bill Graves, a moderate Republican, appointed Luckert and Nuss.
The court is expected to rule soon. Traditionally, the court’s rulings are issued on a Friday morning.
Murrel Bland is the former editor of The Wyandotte West and The Piper Press. He is executive director of Business West.