Thread by @RaSekel

A follow-up #LeadWithLeandro thread. Last week, I talked about how extraordinary the NCGA's stance in the case is, and someone asked me what the Court can do to make the Legislature comply. I did some research over the weekend, and here's what I learned: 1/

First, most (possibly all) state constitutions guarantee the state's children the right to a public education, and unsurprisingly, there has been litigation in many states about what counts as a Constitutionally sound education, how it should be provided and what it costs. 2/

As best as I can tell, in typical cases where there has been litigation, the Court has made a determination of what a Constitutionally sound education means in that state and has issued opinions ordering the State to comply. 3/

This is, of course, how litigation is supposed to work -- a dispute arises, a lawsuit is filed, the Court issues a ruling, and the parties to the suit comply with it, whether or not they want to. This shared recognition of authority undergirds our system of government. 4/

But there's at least one state out there where the Legislature tried to defy the Court. Here's what happened in Washington State, in McCleary v. State of Washington (please note the Defendant in the case was the State of Washington, not the state's legislature specifically) 5/

In WA, as in NC, the Court had found that the State wasn't living up to its Constitutional responsibilities, but had deferred to the State to figure out exactly what to do. 6/

In WA as in NC, the State eventually did craft a plan to comply with the standard the Court had set. And there, as in NC, the Legislature refused to pass a budget that fully funded that plan. Though, it must be noted, the WA legislature at least tried, while the NCGA has not. 7/

In 2014, the WA Supreme Court held the Legislature in contempt for failing to follow an order to submit a plan to bring the state into Constitutional compliance (including a funding plan). But it gave the Legislature one last chance to comply in its 2015 legislative session. 8/

When the 2015 Legislative session ended without an adequate plan, the Court issued an order fining the Legislature $100,000 a day until it complied. The money would go into an account to be spent on education. Read the order here: waschoolexcellence.org/wp-content/upl… 9/

Unsurprisingly, the Legislature eventually backed down, complied with the WA Constitution, and by 2018 the Court was sufficiently satisfied by the State's progress that it closed the case. But it took a cumulative total of over $105.2 million in sanctions before they did. 10/

What lesson does WA hold for NC? First, that Courts clearly have both the right and the duty to order the other branches of government to remedy Constitutional violations. That's not even a close question. 11/

Second, that when a party to a case simply refuses to comply with a court order, the Courts have the power to hold them in contempt and to issue sanctions. 12/

But third, and most important, the Court should not have to take such extraordinary measures. And that's where all of us come in. 13/

For far too long, our legislative leaders, and the rank-and-file members who consistently vote them into power and then hide behind them as an excuse for hurting our schools, have been allowed to act in relative comfort. They pay almost no cost for their failures. 14/

That should end today. Every single member of the #NCGOP's legislative delegation should be hearing from hundreds of people every single day, asking when they will start living up to their Constitutional duties. 15/

For that matter, every Legislative Democrat -- except for those who have already demonstrated a commitment to #LeadWithLeandro -- should be asked to use their bully pulpits to call attention to the NCGA's failures. 16/

You can find a list of legislators who have signed the @EveryChildNC legislative pledge here: everychildnc.org/candidate-pled…

One easy way to contact your own legislators is this phone-to-action tool, also from @EveryChildNC . p2a.co/QqUq7ES?fbclid… 17/

Of course, you can also write your own email to your legislative representatives. Ask the Republicans whether they truly think underfunding schools is so important that they'll trash our entire system of government to do it. Ask Democrats to speak up for public education. 18/

Also look for organizations local to you that are already doing this work, and join in. I run @SaveRSchoolsNC and we'd love to have you. If you run a similar group, please feel free to comment. All of us have a place in this work. End (for now)