Phyllis Schlafly

An astounding half of all states now face lawsuits by public schools demanding that judges increase their funding. While haters of President Bush blame his No Child Left Behind Act, most of these lawsuits have having nothing to do with that federal legislation.

The judicial supremacists in Massachusetts continue to try to run the public school system. On April 26, a Massachusetts superior court judge issued a 300-page advisory ruling to dictate the future of education and said the court would retain jurisdiction to ensure its orders are obeyed.

On May 11, a state district judge ordered Kansas to close all public schools until the state obeys the court's demand to change how taxpayer money is spent on education. This ruling is on appeal.

None of these lawsuits will raise educational standards even if they do raise school income. In the long run, such forced revenues are likely to make the schools less effective because they will be less accountable to parents and public.

Finally, one state supreme court reached the same conclusion that was expressed in the Republican Platform. Litigation to compel increased funding of public schools that stretched over 13 years took the Idaho high court to its breaking point.

In 2001, Idaho 4th District Court Judge Deborah A. Bail had held that the funding for public schools was inadequate and unconstitutional. Liberal state legislators then passed an unusual statute authorizing judges to raise taxes for schools, an innovative device to enable the legislators to avoid the political consequences of voting to raise taxes.

Seven lawsuits were pending in Idaho asking judges to raise taxes that the voters would not approve. In August, the Idaho supreme court finally stopped this racket by unanimously prohibiting judges from raising taxes for public schools.

Chief Justice of the Idaho Supreme Court Linda Copple Trout struck down the statute that created "a legislative process in which taxing authority is given directly to a separate branch of government - the judiciary - whose powers and purposes were not meant to involve the taxation of Idaho citizens."

Hooray for one court that recognizes taxes are an issue to be decided by elected representatives who are accountable to voters, not by judicial supremacists. Other states and Congress should follow suit by forbidding judges to raise taxes anytime anywhere.

Phyllis Schlafly

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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