SC Speaker Praises Supreme Court’s Retreat

JUDICIAL BRANCH BACKS DOWN ON CONTROVERSIAL EDUCATION RULING …

S.C. Speaker of the House Jay Lucas is praising a decision by the S.C. Supreme Court to back off of its previous demands regarding a controversial school funding lawsuit.

“Today’s order by the Supreme Court is a victory for South Carolina students, our Constitution, and the legislative process,” Lucas said.  “It proves that judicial overreach will not prevail in South Carolina.  All branches of government should collectively work together within their constitutional authority, not overstep bounds in an effort to exert political clout.”

Last fall, the court issued its long-awaited “minimally adequate” ruling – which determined that the state’s government-run education system (an effective monopoly in most corners of the state) was not fulfilling its constitutional duty to provide a “minimally adequate” education in poor, rural districts.

It also stated – explicitly – what we’ve been saying for years, namely that throwing more money at this failed system has not worked.

“Spending fails to provide students with the opportunity to obtain a minimally adequate education,” the court found. “Rather, the evidence demonstrates that there is a clear disconnect between spending and results.”

Exactly … and that’s coming from a court dominated by liberal justices.

While we won’t argue with that particular conclusion, there were legitimate questions surrounding the constitutionality of the ruling.  In fact we were the first website to address those questions.

“The court is creating a new standard, arbitrarily defining that standard and then demanding the other branches of government follow this standard,” we wrote in the aftermath of the ruling.

Whatever their motivation, that’s out of bounds …

Specifically, the court imposed a February 1, 2016 deadline for state lawmakers to come up with a plan to address their newly defined standard.  They also mandated the creation of a “super panel” to recommend changes to bring the government-run system into compliance.

Legislative leaders balked at those demands, referring to the court’s ruling as a “complete usurpation of the legislative and executive branches’ constitutionally conferred rights.”

Now the court has decided to back off – rescinding its deadline and revoking the panel.

Lucas isn’t letting the Justices off the hook, though.

“After avoidable legal proceedings that wasted valuable time and effort, it is apparent that the Supreme Court has finally agreed that their arbitrary deadlines and improper super panel stand in the way of real education reform,” Lucas said.

Damn …

Don’t get us wrong: Nobody in this situation deserves to pat themselves on the back.

Lawmakers in the S.C. House deserve a modicum of credit for some modest expansions to the state’s existing parental choice program – which offers tax credit-funded scholarships to children with special needs – but they haven’t done nearly enough to inject market pressure into the equation.  And even the modest expansions to this minuscule program are under attack by the educrat establishment.

We’ve said it before, we’ll say it again: Fixing our worst-in-the-nation government-run system requires bold, broad and long-overdue reform of the free market variety – not more money.

“The only thing that will save our schools is the accountability of the marketplace,” we wrote at the beginning of this drama.  “Accompanied by a long overdue recognition that our loyalty belongs not to the status quo forces profiting from this failed system, but the children and parents who continue to be failed by it.”

Indeed …

Pic: Travis Bell Photography

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