Alabama
Supreme Court Dismisses Funding Case It Previously AffirmedIn a decision
unsolicited by any party to the case and issued years after its appellate jurisdiction
had expired, the Alabama Supreme Court recently dismissed the education funding
equity and adequacy case, Alabama Coalition
for Equity v. Siegelman. On May 31, 2002, one month prior to a scheduled
Montgomery County Circuit Court hearing on the State's progress on implementing
a remedy, the supreme court ended the case. The court concluded that "[i]n
Alabama, separation of powers is not merely an implicit 'doctrine,' but rather
an express command; a command stated with a forcefulness rivaled by few, if any,
similar provisions in constitutions of other sovereigns" and, on that basis,
closed the case. Advocates in Alabama have anticipated this 7-1 ruling
since the court re-opened the case in January.
The A+ Education Foundation issued a statement noting that "the citizens
of Alabama value education and continue to make it a top priority for our policymakers"
and asserting that the court's decision means "our [Governor and legislative]
leaders have the moral imperative to act." For a brief history of
this litigation and other recent education finance news in Alabama see Alabama. |