“I’m just a bill, yes I’m only a bill, and I’m sittin’ here on Capitol Hill…”
Back when dinosaurs roamed the earth and cartoons were confined to Saturday morning broadcast programming, kids learned about the separation of powers (among other things) from the ”SchoolHouse Rock” toons.
Apparently some future New Jersey lawyers weren’t tuned in.
The recent lawsuit about which Cato’s Neal McCluskey has been writing asks the court to create a school voucher program in New Jersey as a remedy to the state’s deficient public school system. Right ends, wrong means. Courts are for legal interpretation; legislation is for legislatures.
There’s little doubt that New Jersey is failing to live up to its constitutional promise to provide a “thorough and efficient” education. Should the court so rule, it will be up to the legislature to fix the problem, and introducing a universally accessible free education marketplace is certainly the best solution they could implement.
But it’s their job to implement it, not the court’s.