Topeka ? The special legislative session to answer a Kansas Supreme Court mandate to provide more money for schools has been more about posturing than performing.

From the start, legislators, especially conservative Republicans, were hopping mad because the court ordered them to come up with an extra $143 million for public schools and gave them until July 1 to do it.

After 11 days, the House threw up its hands and went home until Wednesday, hoping a Fourth of July holiday would give members a chance to recharge their batteries. The Senate had no choice but to follow suit.

In their 11 days, many lawmakers spent their time – and more than $394,000 in taxpayers dollars – complaining about the judiciary encroaching on the Legislature’s turf to appropriate money, rather than appropriating the money.

Separation of powers became the rallying cry, and calls to defy the court rang throughout the Statehouse. But dueling with the Supreme Court seemed a little like going to a gunfight with a knife.

Justices pulled a big gun Saturday, when they announced a hearing next Friday to consider arguments as to why the court shouldn’t pull the plug on school funding, keeping schools closed.

House stalemate

The meltdown started in the House, where GOP leaders decided no additional school money would be appropriated without passage of proposed constitutional amendment to cut into the court’s power. But there aren’t enough Republicans to provide the required two-thirds majority, and Democrats weren’t budging.

The proposed amendment passed the Senate, which has more than enough Republicans to carry the day.

Faced with the prospect of the proposed amendment dying in the House, GOP leaders declared any school funding bill must have language voiding it if a proposed amendment didn’t make it to the statewide ballot.

For many, concern about the court going too far was genuine.

But others saw the issue as a smokescreen to mask an unwillingness to face a constitutional duty to provide a suitable education for every child.

“It means they can campaign on separation of powers while not appearing to be anti-education. If they went out to campaign on not needing to provide a suitable education, that might be hard to sell,” said Bill Rich, Washburn University Law School professor.

Bob Beatty, a Washburn political science professor, said the outcry against the court was loudest in the House because many members win election in Republican primaries “where there will be more conservatives angry at the courts.”

But he questioned how well the issue might play statewide.

“It’s dicey, because it comes across as not taking something seriously. Writing a constitutional amendment in two or three days – most Kansans see it as ludicrous to be dealing with this when they are supposed to be dealing with a financial issue,” Beatty said.

Senate setbacks

The Senate had its share of setbacks. Conservative senators blocked passage of an expanded gambling bill that would have provided quick cash. Proposals to cut the state budget and increase sales and income taxes also died. But senators say at least they tried.

And their chamber did pass both the proposed amendment reining in the justices and two school finance plans.

All went down in the House, which had little to show for its 11 days except for one school finance plan falling short of the court’s mark and a lot of tired, cranky members.

“It makes the state look really bad, because they aren’t representing the entire state and this is a special session where the state’s business needs to be done,” Beatty said. “Special sessions aren’t called to deal with philosophical issues. They are called to get something done and get out of there.”