Nebraska Supreme Court hears arguments on school vouchers
LINCOLN, Neb. (WOWT) - A day after hearing arguments on an abortion initiative set to appear on the state’s November ballot, the Nebraska Supreme Court heard arguments about another topic set to go in front of voters: school vouchers.
The state’s high court heard arguments over the school vouchers item on Tuesday afternoon.
Last week, Secretary of State Bob Evnen’s office certified the petition for a partial referendum on the vouchers bill, put forward as a replacement for Nebraska’s “school choice” law after confirming Support Our Schools Nebraska had submitted enough signatures from across the state.
Last year, the organization submitted enough signatures to put LB753, known as “school choice,” on the ballot for this November. This year’s petition aims to partially repeal LB1402, which the Legislature passed in April to essentially establish a back-up plan for “school choice” by directly earmarking state dollars for private school scholarships.
The challenge seeks to repeal a law that earmarks $10 million in public funds for students to attend private schools.
A deputy attorney general argued this afternoon that the petition shouldn’t go before the voters and should be tossed, because it’s targeting appropriations -- or money set aside by lawmakers -- and by allowing it could open the door for anyone to target and cripple the state government for how its spends its money.
“The test is an ordinary running expense and we think something that was extraordinary would be perhaps a large public benefits program,” Deputy Attorney General Eric Hamilton said. “Consider, for example, if a program was adopted for free health care for everyone. That would be extraordinary.”
However, attorneys representing those who collected more than 80,000 signatures believe the justices must allow the people to decide the basic question: If public dollars should go to private schools this way.
“We’re not here saying [public money for private schools] are unconstitutional,” Attorney Dan Gutman said. “What we are saying is those aren’t a purpose of state government. I think if somebody wanted to repeal a bill that paid for bussing, for example, I think they could do it. Particularly when it’s going to a private institution, which is inherently not the state government.”
The Supreme Court has some big decisions to make quickly. Nebraska’s ballot must be finalized by Friday.
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