June 10, 2005
Wearing a Black Robe to Make Sausage
by Bob L. Corkins
April 22, 2005
Want to create new laws without legislators? Then watch the Kansas Supreme Court for the next few weeks to see how it’s done.
Like pride for trophies on a mantle, trial lawyers boast of cases where they convinced a court to declare the birth of a new duty. Persuade a jury that somebody owes a responsibility to someone else, even if there’s no agreement, precedent, or statute providing a basis, then collect damages after showing the duty was breached.
If the decision holds up on appeal – Presto! – a new law is born. You don’t even need to mess with a jury when a single judge is tabbed as the official “finder of fact”.
Plaintiff school districts found just the judge they were hoping for when they filed their billion dollar Montoy v. State case challenging the fairness of Kansas’ K-12 education funding plan. The trial judge ruled that the state aid formula was both inequitable and under-funded. The Kansas Supreme Court now appears ready to uphold that result, but with one major twist in reasoning.
Any discrimination of our laws is traditionally evaluated with the Constitution’s Equal Protection Clause. In the Montoy trial court’s opinion, disparities in K-12 funding caused “a clear denial of equal protection of the laws in contravention of both the United States and Kansas Constitutions”.
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June 10, 2005
A press release from Kansas House Member Frank Miller, Republican from Independence.
Further Regarding The Sebelius Court Order
June 9, 2005
Thank you for your many responses to my last press release. I appreciate getting both those that agree with me as well as those that disagree with me. The responses are running about half agree and half disagree, however most of the “disagrees†are from educators. The pile of agree responses cut across a broad range of constituents in my district. As far as my meetings with individuals, the consensus is running almost 100% agree that the Sebelius Court has overstepped its authority. Let’s face it – most voters want to hold their elected legislators responsible for making laws, levying taxes, and appropriating funding. Who wants to have a few non-elected judges make these kinds of decisions?
Some have asked me “have we read the Constitution†– the answer is “YESâ€. Some say the legislature must obey the Sebelius court if they have a genuine concern for the children – the answer is “we doâ€, but we also have a concern for the parents of the children, and for those couples who have no children and retired citizens. The amount of tax that comes out of the pockets of the parents also hurts the children.
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