Law & Courts

Sauce for Gander: Districts Sue Court in Finance Dispute

By Mark Walsh — February 25, 2008 1 min read
  • Save to favorites
  • Print

It’s not unusual for school districts to band together to file an education finance lawsuit against their state government.

What is unusual—and may be unprecedented—is for districts to sue the members of their state’s supreme court in a school finance case. That’s happened in Idaho. And, to the surprise of observers, the school districts have the upper hand so far.

The Idaho Supreme Court ruled in 2005 that the state’s school finance system was unconstitutional. But some 15 districts that brought the suit soon complained that the court failed to require the state to come up with a remedy. (“Funding Advocates Accuse Idaho’s High Court Of ‘Cop-Out’,” Nov. 29, 2006.)

The districts sued the state high court justices in federal court.

See Also

See other stories on education issues in Idaho. See data on Idaho’s public school system.

On Feb. 7, U.S. District Judge B. Lynn Winmill of Boise rejected the supreme court justices’ motion to dismiss the federal suit. The justices on the five-member court had argued that only the U.S. Supreme Court may review the final ruling of a state’s highest court.

But Judge Winmill said that the situation was not a matter of the losing party seeking review of the state supreme court’s decision. The districts were the prevailing party, he said, and they “take issue with the apparent lack of remedy.”

The judge did appear to try to nudge the state high court to clarify matters on its own.

“An expedited order by the Idaho Supreme Court clarifying the posture of the state-court action may be all that is needed to facilitate a quick and inexpensive resolution of this case,” Judge Winmill said in his ruling.

Merlyn W. Clark, a Boise lawyer representing the state justices, told the Idaho Statesman newspaper that the federal judge hadn’t addressed the justices’ argument that he does not have jurisdiction.

Robert C. Huntley, a Boise lawyer representing the school districts, said in an interview that the federal judge wasn’t yet ordering the state high court to do anything.

“But he made it very clear that if we don’t get a remedy phase, that [the supreme court justices] are violating our 14th Amendment due process,” said Mr. Huntley, who himself served on the Idaho Supreme Court, from 1982 to 1989.

Related Tags:

A version of this article appeared in the February 27, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Turning Attendance Data Into Family Action
This California district cut chronic absenteeism in half. Learn how they used insight and early action to reach families and change outcomes.
Content provided by SchoolStatus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court to Weigh Birthright Citizenship. Why It Matters to Schools
The justices will review President Trump's bid to end birthright citizenship, a move that could affect schools.
4 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington.
President Donald Trump signs an executive order to on birthright citizenship in the Oval Office on Jan. 20, 2025. The U.S. Supreme Court will consider the legality of Trump's effort to limit birthright citizenship, another immigration policy that could affect schools.
Evan Vucci/AP
Law & Courts 20 States Push Back as Ed. Dept. Hands Programs to Other Agencies
The Trump admin. says it wants to prove that moving programs out of the Ed. Dept. can work long-term.
4 min read
Education Secretary Linda McMahon appears before the House Appropriation Panel about the 2026 budget in Washington, D.C., on May 21, 2025.
Education Secretary Linda McMahon appears before a U.S. House of Representatives panel in Washington on May 21, 2025. McMahon's agency has inked seven agreements shifting core functions, including Title I for K-12 schools, to other federal agencies. Those moves, announced in November, have now drawn a legal challenge.
Jason Andrew for Education Week
Law & Courts A New Twist in the Legal Battle Over Trump's Cancellation of Teacher-Prep Grants
A district court judge says she'll decide if the Trump administration broke the law.
4 min read
Instructional coach Kristi Tucker posts notes to the board during a team meeting at Ford Elementary School in Laurens, S.C., on March 10, 2025.
Instructional coach Kristi Tucker posts notes to the board during a team meeting at Ford Elementary School in Laurens, S.C., on March 10, 2025. The grant funding this training work was among three teacher-preparation grant programs largely terminated by the Trump administration in its first weeks. Eight states filed a lawsuit challenging terminations in two of those programs, and a judge on Thursday said she couldn't restore the discontinued grants but could rule on whether the Trump administration acted legally.
Bryant Kirk White for Education Week
Law & Courts Educational Toymakers Sued Over Trump Tariffs. How Is the Supreme Court Leaning?
Most justices appeared skeptical of President Trump's tariff policies, challenged by two educational toymakers.
3 min read
People arrive to attend oral arguments at the Supreme Court on Wednesday, Nov. 5, 2025, in Washington.
People arrive to attend oral arguments at the U.S. Supreme Court on Wednesday, Nov. 5, 2025, in Washington. The court heard arguments in a major case on President Donald Trump's tariff policies, which are being challenged by two educational toy companies.
AP Photo/Mark Schiefelbein