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Transfer granted to school financing case

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The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.

In Joseph Bonner, et al. v. Mitch Daniels, et al., No. 49A02-0702-CV-188, nine public school students and their families in eight school districts filed a class-action suit in 2006, arguing the school funding formula violates the Indiana Constitution's Education Clause.

The argument was that the formula didn't provide enough money for all children in the state to have a fair chance to learn.

The Court of Appeals overturned former Marion Superior Judge Cale Bradford's grant of the state's motion to dismiss the suit, finding the plaintiffs had standing to sue. The majority remanded the case to Marion Superior Court to determine whether Indiana's current public school system through its funding provides all students with an adequate education. Judge Bradford has since been named to the Court of Appeals.

Judge Ezra Friedlander dissented, writing the judicial branch shouldn't invade the power of the legislative branch.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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