“Anybody with an elementary understanding of separation of powers should be shocked to have one branch of government come over and say they’re going to impede the process of the other,” state Sen. Ty Masterson, R-Andover, complained in a New York Times article about the possibility the state courts could block the recently approved school funding plan. But it’s the courts’ job to uphold the state constitution. And John Robb, a Newton attorney representing school districts and parents, argued that the block-grant plan makes school funding “even more unconstitutional.” Richard E. Levy, a constitutional law professor at the University of Kansas, also told the Times that court intervention would not be unusual. “In constitutional litigation, that very often includes a stay against the implementation of a law,” he said. – Phillip Brownlee
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