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Judge finds Texas school finance system unconstitutional
Dallas Morning News ^ | 9-15-04 | associated press

Posted on 09/15/2004 2:18:44 PM PDT by Redbob

AUSTIN – Texas' $30 billion system for financing public schools is unconstitutional, and the state must stop funding education within a year if the Legislature doesn't find a new, equitable method, a judge ruled Wednesday. ...

State District Judge John Dietz ruled moments after closing arguments in the case brought against the state by more than 300 school districts. The districts contended that the system violated the state Constitution by not providing equal educational opportunities.

Dietz said he would issue an injunction ordering state funds for public education to cease within a year if the Legislature does not find an adequate solution.

The decision, which follows nearly six weeks of testimony, is expected to be appealed.

(Excerpt) Read more at dallasnews.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: taxes; texas
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Maybe this is just one step in the legal process, and not just one step towards an income tax.
1 posted on 09/15/2004 2:18:45 PM PDT by Redbob
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To: Redbob


"I am deeply saddened by breaking news abuse."
2 posted on 09/15/2004 2:20:49 PM PDT by ConservativeMan55 (http://www.osurepublicans.com)
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To: Redbob

a judge rules.... just like new york.


3 posted on 09/15/2004 2:21:07 PM PDT by printhead
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To: Redbob

Hmm, there's a lot of this going around. Judges are taking over the school funding issue all over the place. Who needs legislatures?


4 posted on 09/15/2004 2:21:52 PM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: ConservativeMan55

LOL -- you're getting a lot of mileage out of that photo and caption within the past 10 minutes or so!!!!


5 posted on 09/15/2004 2:23:01 PM PDT by ohioconservative
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To: Redbob
Maybe this is just one step in the legal process, and not just one step towards an income tax.

They are doing this in many states, including my own. Its a total court takeover of the education system allowing the judicial branch to raise taxes instead of the legislative.
6 posted on 09/15/2004 2:23:39 PM PDT by Arkinsaw
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To: ohioconservative

LOL!

Daschle is always sad...so its best to make use of it the best way I know how.


7 posted on 09/15/2004 2:24:51 PM PDT by ConservativeMan55 (http://www.osurepublicans.com)
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To: Redbob

If they shut down the Texas public school system for good, that would be a huge step forwards.


8 posted on 09/15/2004 2:24:54 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ConservativeMan55

Just because it's not breaking news to you doesn't mean it's not breaking news.

This has enormous implications to the second-most-populous state in the nation.


9 posted on 09/15/2004 2:24:54 PM PDT by Redbob
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To: Redbob
the state must stop funding education within a year

Sounds good to me.

10 posted on 09/15/2004 2:25:19 PM PDT by The Old Hoosier (Right makes might.)
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To: Redbob
Maybe this is just one step in the legal process, and not just one step towards an income tax.

No, it's one more step toward Robin Hood - take from the districts with real taxpayers and give to the districts without.

11 posted on 09/15/2004 2:25:37 PM PDT by E. Pluribus Unum (Drug prohibition laws help fund terrorism.)
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To: Redbob; Admin Moderator

I'm just making a point that the Admin's just now asked for people to tone down the 'breaking news' to serious breaking news.


12 posted on 09/15/2004 2:26:00 PM PDT by ConservativeMan55 (http://www.osurepublicans.com)
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To: goldstategop

Not every district here is a total loss; my son's in Aubrey Elementary and I'd say it's an excellent school.

Good teachers, good admin, and fiscally responsible.


13 posted on 09/15/2004 2:27:12 PM PDT by Redbob
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To: E. Pluribus Unum
No, it's one more step toward Robin Hood - take from the districts with real taxpayers and give to the districts without.

Actually, that is exactly what Texas already has.

14 posted on 09/15/2004 2:27:28 PM PDT by COEXERJ145 (Hannity Was Right, FReepers Tend To Eat Their Own)
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To: E. Pluribus Unum
No, it's one more step toward Robin Hood - take from the districts with real taxpayers and give to the districts without.

Robin Hood is what the ruling is about. It doesn't work, and time is proving it.

15 posted on 09/15/2004 2:28:13 PM PDT by Professional Engineer (CBS ~ All The News That's Fit to Fake.)
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To: Redbob

Just so all Freepers know, this is a state judge ruling on STATE Constitutional issues. It is NOT about the federal Constitution. Also, the State Constitution is generally amended about two or three times a year. This is an ongoing battle in Texas. If the legislature gets tired of playing this game, all they have to do is pass a state constitutional amendment during the next legislative session and get it on the ballot. There are NO, I repeat NO ramifications to any other state.


16 posted on 09/15/2004 2:28:19 PM PDT by Richard Kimball (We sleep soundly in our beds because rough men are ready to do violence on our behalf)
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To: E. Pluribus Unum
We've already got Robin Hood, and nearly 25 districts have hit the ceiling on a legislature-imposed tax cap.

The liberals have been out of power here for ten years, except in the judiciary. This is their way to impose a state income tax on Texans.

17 posted on 09/15/2004 2:28:42 PM PDT by sinkspur ("Please send me all of your gold-trimmed lace right away"--Cardinal Fanfani)
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To: Redbob
Something tells me that everyone knew exactly how the judge was going to rule before the trial ever started. That is why the suit was brought under his jurisdiction. The greedy school districts went judge shopping. And seeing how he ruled almost instantly once closing arguments were over said his mind was made up a long time ago.

Expect the case to end up before the Texas Supreme Court which thankfully has more conservatives on it.

18 posted on 09/15/2004 2:30:38 PM PDT by COEXERJ145 (Hannity Was Right, FReepers Tend To Eat Their Own)
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To: Professional Engineer
Robin Hood is what the ruling is about. It doesn't work, and time is proving it.

Then the problem must be that they aren't taking enough from "the rich..." the solution is to take more.

You watch. This is what will happen. The more things change, the more they stay the same.

19 posted on 09/15/2004 2:31:14 PM PDT by E. Pluribus Unum (Drug prohibition laws help fund terrorism.)
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To: Redbob
Read EVERY state's activist judge rulings on these "equitable" rulings ... you will find IDENTICAL wording in each and every one.

This is what happens when there is a REVOLUTIONARY COUP d' ETAT in process but this time with the LAWYER scum, ACTIVIST JUDGES and socialist/communist POLITICIANS!

The next ruling will be declaring their "MASTERS" over the state's educational system. Don't believe me? Look it all up and you sill find the identical wording and methods for each and every case.

Only those states with BRAVE patriots who hold these criminals at bay by holding them open to scrutiny still have semi-republican government.





One man says to a second man: "Do you believe in the First Amendment freedom of speech?"
The second man says: "Of course I do."
The first man then asks: "Do you believe in the Second Amendment freedom to bear arms?"
The second man replies: "No, I don't."
The first man insists: "Then shut up!"

The moral of the story is: you can have your rights, but you have to protect and defend them, too.
20 posted on 09/15/2004 2:31:16 PM PDT by steplock
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