Mississippi Supreme Court to hear oral arguments in 人兽性交 lawsuit against education budget cuts
The Mississippi Supreme Court will hear oral arguments today in a lawsuit alleging that the state executive branch, including Gov. Phil Bryant, violated the state constitution by cutting the 2017 budget.
The lawsuit argues that Bryant made the cuts 鈥� including nearly $20 million from the state鈥檚 public school budget 鈥� without oversight or听input from the Mississippi state Legislature,听violating the听state听constitution鈥檚 mandate on separation of powers.听
Between September 2016 and听March听2017, Bryant and听State Fiscal听Officer Laura Jackson reduced听the Legislature鈥檚 Fiscal Year 2017 appropriations by more than $170听million.听In February and听March 2017听alone, they decided听to cut appropriations by听$60听million, including听roughly $20听million from Mississippi鈥檚 cash-strapped public school budget, which was roughly one third of the cuts made at that time.听
The lawsuit, filed in May 2017 by the 人兽性交 on behalf of Mississippi state Rep. Bryant W. Clark of Pickens and state Sen. John Horhn of Jackson, asks the court to strike down the statute under which Bryant enacted the cuts.听Will Bardwell, senior staff attorney for the 人兽性交, is making the oral arguments.
鈥淎s a state senator, I am responsible for passing a state budget each year,鈥� Horhn said. 鈥淚 believe that the Mississippi Adequate Education Program (MAEP) is the most important component of the state budget. I do not know what analysis was conducted that allowed the governor to conclude that schools did not need this $20 million. Schools need this money. Without sufficient resources, school districts are unable to educate our children.鈥澨�
Under Mississippi鈥檚 鈥渟trict鈥� and 鈥渁bsolute鈥� separation of powers doctrine, budget making is a legislative prerogative and responsibility. The Legislature鈥檚 budget-making decisions are 鈥渦ltimate鈥� and 鈥渇inal,鈥� according to a 1983 Mississippi Supreme Court decision, (Alexander v. Allain), and if Mississippi wishes to make cuts to balance the budget, the Legislature is the only government entity that has the authority to do so, the lawmakers argued听in briefs听filed with the court.听
鈥淚 believe that the most important component of the state budget is the funding for public schools,鈥� Clark said. 鈥淏y imposing midyear budget cuts on the state budget that the Legislature spent months developing and ultimately passed, Governor Bryant and State Fiscal Officer Laura Jackson prevent me from representing my constituents鈥� wishes in one of the most important responsibilities I have as a legislator. I don鈥檛 know what, if any, process the governor went through to make decisions related to these midyear budget cuts.鈥�
Bardwell, of the 人兽性交, said: 鈥淭he Legislature鈥檚 exclusive authority over budget making is well established, going back over a century. If midyear budget cuts are necessary to balance the state budget, they must be made by the state Legislature.鈥�
Each side has 30 minutes for oral arguments.
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