Supreme Court not afraid to tackle tough issues



May 6, 2019 - 10:15 AM

Last week the Court ruled that the Bill of Rights in the Kansas Constitution protects Kansans’ “right of personal autonomy,” including a woman’s right to terminate a pregnancy. Then, on Monday, the Court hears the latest round of litigation on school funding, the most fundamental obligation of state government.

Debate on the Court’s engagement in the abortion issue will continue for some time. On school finance, however, the Court should sign off on school funding approved by a bipartisan legislative coalition and Governor Laura Kelly and stand down on future litigation.

The history of school finance litigation stretches back over 50 years and stems from a complete rewrite of the Education Article of the Kansas Constitution proposed by state lawmakers and adopted by voters in 1966. This revision says simply “the legislature shall make suitable provision for finance of the educational interests of the state.”