Jan. 28, 2015 |
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Where are the posts from the Brownback haters mocking Brownback for requesting mediation?
Absent court-ordered formats, mediation is often a path chosen by the weaker party in a dispute. It isn't binding and if (more likely, when) it doesn't settle the litigation will move right along to the KS SC. You know what will happen there. That's why they want to settle the case and/or neuter the Court through unconstitutional amendments. They don't want this in front of the Supremes-again....
I'm not for mediation, but if part of a greater plan of introducing mediation amongst parties appealing a decision, OK, it makes sense. It could be a mechanism to deflect the decision, but if it provides some sort of reasonable "out" for the governor and legislature, then so be it.
I'm not interested in having the Plaintiffs win the court case, but lose the funding war. If the Executive and Legislative entities provide the money to support school funding adequately, then so be it. That will be a success.
I'm not a lawyer, but this stinks, and feels like the SC has been touched by extra-legal parties. Why not just tell the legislature they created the funding formula, passed it, and then refused to abide by their own law? That is not reviewable, and if you or I made these types of contracts and did not stand by them, there would be no appelate court to back us up. Do what you said or pay up.
School funding is approx 67% of the state budget, not half. But maybe mediation can fix that.
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