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Obscure 2005 law emerges as possible tactic in Kansas schools fight

Source: 
Kansas City Star
Author: 
Laura Bauer
Date: 
Friday, June 3, 2016

"When the Kansas Supreme Court and state legislature faced off over school finance more than a decade ago, many lawmakers insisted that judges had overreached.

So much so that they passed a law banning courts from closing schools if the issue ever got to that point again.

And now that we’re there, with a June 30 deadline looming and the threat of a school shutdown real, some legislators insist judges should go back and abide by that 2005 law.

...

Ultimately, the outcome of the most recent battle may come down to the opinion of voters and constituents, said Richard Levy, a University of Kansas constitutional scholar.

'I think if the perception of the Legislature is their constituents will back them in standing up to the courts, we’re likely to see a confrontation,' Levy said. 'But if the majority of their constituents said, ‘We think the court is right,’ then I think we’re likely to see some sort of solution.

'And I don’t know that we know yet where the political winds are.'”

Faculty name: 
Richard Levy