A CFE Ruling

The appellate division just issued a ruling in the running Campaign for Fiscal Equity school funding case. On a cursory reading, the decision appears to be at least a partial win for Pataki, rebuffing an attempt to have the courts actually determine the budget.

Anyway, here’s the ruling. Reactions, no doubt, to come.

Here’s a key passage:

For the foregoing reasons, the Court should not substitute its own budgetary calculations for those of the other branches.

It is undisputed that the State has failed to appropriate an adequate amount of funding to meet its educational mandate as outlined in CFE II. However, that neglect does not give the Court the authority to participate in budget negotiations or, absent a constitutional failing, to exercise a veto power over the State’s calculations of the cost of a sound basic education.

The fact that the other two branches of government have not remedied constitutional failings in the past does not authorize the courts to commit their own constitutional violations now.

A CFE Ruling