Melder's Musings: "Robin Hood" Ruled Unconstitutional

Wednesday, November 23, 2005

"Robin Hood" Ruled Unconstitutional

Tuesday was the day many Texans had been holding their collective breath for. It's also the day many other Texans were suddenly reminded of an important issue that's been overshadowed by more frivolous events.

In what many are calling a landmark decision, the Texas Supreme Court ruled Tuesday that the state's current system of funding the public schools, commonly known as the "Robin Hood" plan, amounts to a statewide tax and as such is unconstitutional.

The justices (five of whom were elected, four of whom were appointed to fill vacancies, and all of whom are Republicans) have given the state until June 1, 2006 to fix the system. That means that Governor Rick Perry will have to call the legislature into a fourth special session on this matter. The legislature does not meet again in regular session until January 2007. Perry will likely call the special session after the March 2006 primaries.

It's good timing on the part of the Supremes. With the axe not set to fall until the summer, schools can finish the academic year. As politicians themselves, the Supremes have given their fellow politicos in the lege breathing room for the primaries.

It's also good timing because the decision came one day after the first meeting of Perry's blue-ribbon panel charged with cleaning up this mess. As this blog speculated last month, putting former Comptroller John Sharp in as chairman of that panel likely keeps him out of the Governor's race.

Whether it's the panel's plan or their own, should the legislature fail to adopt a new one, Texas schools will not open next school year.

# posted by Daniel Melder @ 12:31 AM

Comments:

Hi. I'm sorry I'm using your comment space to contact you, but I could not find an email address.

I'm Joshua Melder of Louisiana. I've recently begun searching the internet in search of Melders. Like you, I'm very interested in politics (I'm a Political Science major at LSU). I was just seeing if you were related somehow.

Regards,
Josh

# posted by