The Washington state Supreme Court on Sept. 4 rule the state’s charter school law as unconstitutional. The justices dug deep to justify their decision, referencing a definition of public schools from a 1909 case, School District 20 vs. Bryan. Instead of citing a particular right spelled out in the U.S. Constitution or Washington state’s constitution, the court based its ruling largely on its own, distinctive interpretation of the term “common schools.”
In today’s edition of The Heartland Daily Podcast, Director of Communications Jim Lakely speaks with Heather Kays. Kays is a Heartland research fellow and managing editor of School Reform News. Kays joins Lakely to discuss three troubling education stories coming out of the state of Washington.
Well, to be frank, I had never considered my contention that the public interest standard is unconstitutional to mean that the FCC itself is unlawful. To my mind, I simply had suggested that the lawfulness of actions taken pursuant to the public interest standard should be questioned.
There are two core reasons the FCC should not try to preempt State muni-broadband laws.
1. The Supreme Court has already indicated it would be unconstitutional.
2. It would be anti-competitive, the opposite of the FCC’s statutory purpose and legal mandate.
TweetA busy news day for The Heartland Institute. First a pre-buttal to Obama’s speech, then a federal appeals court gives the president a victory for Obamacare. A three-judge panel of[…]