Mississippi Supreme Court Rules Against Parents for Public Schools in Funding Challenge
In a 7-2 decision, the Mississippi Supreme Court ruled that Parents for Public Schools lacked legal standing to challenge the constitutionality of the state Legislature’s allocation of public money to private schools. The ruling, released on Thursday, did not directly address the constitutionality of the $10 million appropriation made by the Legislature to private schools in 2022.
Standing Issue
Writing for the majority, Justice Robert Chamberlin stated that Parents for Public Schools failed to demonstrate standing to bring the lawsuit, as they could not prove harm to public schools resulting from the legislative appropriation. Chamberlin emphasized that the alleged future harm was speculative and did not meet Mississippi’s standing requirements. Notably, the majority considered that the appropriated funds were federal COVID-19 relief funds, not state funds, which influenced their decision.
Attorney General’s Response
State Attorney General Lynn Fitch’s office had argued for the dismissal of the case due to lack of standing. Fitch expressed satisfaction with the court’s decision, noting that it would release $10 million in federal funding for infrastructure grants to schools across Mississippi.
Reaction from Parents for Public Schools
Will Bardwell, an attorney for Parents for Public Schools, criticized the ruling, describing it as “outrageous.” Bardwell argued that the organization had a direct interest in protecting Mississippi’s public schools from being undermined. He lamented the court’s failure to intervene when lawmakers allegedly disregarded the constitution.
Legal Argument and Overturning of Lower Court Decision
The lawsuit centered on Section 208 of the Mississippi Constitution, which prohibits public funds from going to schools not operated as free public schools. While Hinds County Chancellor Crystal Wise Martin initially ruled in favor of Parents for Public Schools, the Supreme Court overturned her decision. Justice Leslie King, joined by Justice James Kitchens, dissented from the majority opinion, asserting that Parents for Public Schools did have standing and criticizing the limitation on citizens’ ability to challenge government actions.
Conclusion
The Mississippi Supreme Court’s ruling underscores the importance of legal standing in challenging government actions. Despite dissenting opinions, the majority’s decision upholds the dismissal of Parents for Public Schools’ lawsuit based on lack of standing.
