Breaking: NC Supreme Court's Dem majority is forcing the Leandro fund transfer & sending it back to the trial court to determine the calculation.
Newby, Berger & Barringer dissent.
appellate.nccourts.org/opinions/?c=1&…
#nced #ncpol #ncga
Newby, Berger & Barringer dissent.
appellate.nccourts.org/opinions/?c=1&…
#nced #ncpol #ncga
Berger's dissent reiterates the legislature, not the court, has the power of the purse.
He also notes "the majority takes it upon itself to resolve issues in this case without notice and in the face of this Court’s order to the contrary"
He also notes "the majority takes it upon itself to resolve issues in this case without notice and in the face of this Court’s order to the contrary"
Oral argument were heard in August:
nsjonline.com/article/2022/0…
nsjonline.com/article/2022/0…
Opinion is 227 pages; Dem majority is 139 pgs, Berger's dissent is around 87 pgs.
From Berger's conclusion - ripping the majority's process as "grossly deficient," required hearings not held, and "violative of any notion of republican government and fundamental
fairness."
From Berger's conclusion - ripping the majority's process as "grossly deficient," required hearings not held, and "violative of any notion of republican government and fundamental
fairness."
NC AG Josh Stein's reaction and Berger's dissent noting how Stein refused to represent the legislative body.
More from the dissent:
Because of the collusive nature of this litigation, the majority today now joins in denying legislative defendants due process, the fundamental fairness owed to any party, and usurps the legislative power by crafting policy and directly appropriating funds.
Because of the collusive nature of this litigation, the majority today now joins in denying legislative defendants due process, the fundamental fairness owed to any party, and usurps the legislative power by crafting policy and directly appropriating funds.
Berger:
Relying on a gross misapplication of our caselaw, the majority’s Oppenheimeresque reshaping of the appropriations clause and usurpation of legislative function has no apparent concern for constitutional strictures or the limits of this Court’s
power.
Wow.
Relying on a gross misapplication of our caselaw, the majority’s Oppenheimeresque reshaping of the appropriations clause and usurpation of legislative function has no apparent concern for constitutional strictures or the limits of this Court’s
power.
Wow.
Governor Roy Cooper issued the a two-sentence statement:
“It’s our constitutional duty to ensure every child has access to a sound basic education. As the NC Supreme Court has affirmed today, we must do more for our students all across North Carolina."
“It’s our constitutional duty to ensure every child has access to a sound basic education. As the NC Supreme Court has affirmed today, we must do more for our students all across North Carolina."
NCAE President Tamika Walker Kelly quotes a line from the Dem majority opinion:
Speaker Moore's Office gave me this statement on the Leandro opinion:
We are still reviewing it. At first glance, Justice Berger's dissent is on point.
We are still reviewing it. At first glance, Justice Berger's dissent is on point.
The opinion sends it back to the trial court for 'calculation' but seems to toss the estimate given by an NCDOJ atty that the state budget might fulfill “30-35% “of Lee’s funding order. Lawmakers said as much as $900 million of the $1.7 billion was covered through budgets...
Read more about that here:
nsjonline.com/article/2022/0…
nsjonline.com/article/2022/0…
Also, recall that the Court of Appeals blocked former Leandro Judge Lee’s order on the basis he lacked the authority to direct 3 agencies cited in his order to transfer the funds & that the order would create threaten the separation of powers between the branches of state govt,
So the question will turn to the trial court again -- what 'calculation' will be made?
From the Dem majority opinion:
Fund Transfer reinstated, but "funds transferred in light of the State's 2022 Budget" and the trial court will "retain jurisdiction" to monitor compliance.
Muddied waters, for sure.
Fund Transfer reinstated, but "funds transferred in light of the State's 2022 Budget" and the trial court will "retain jurisdiction" to monitor compliance.
Muddied waters, for sure.
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