Friday, November 1, 2013
Finally, school voucher news that is not about Louisiana's fight with DOJ surfaces. This time it is a new development in the Southern Poverty Law Center's suit against Alabama. Late this summer, SPLC alleged that the Alabama Accountability Act, which allowed students to transfer out of failing districts and enroll in private schools and receive tax credits, created two classes of students: "those who can escape [failing schools] because of their parents’ income or where they live and those who cannot." According to SPLC, the Act violated equal protection.
Since then, in a move parallel to a parent group in Louisiana, three parents sought to intervene in the lawsuit against Alabama. The state trial court has now granted their intervention. Their primary role seems to be to emphasize the benefits of the program, notwithstanding SPLC's charges of discrimination. It seems to me that this intervention is distinct from that in Louisiana, which I argued earlier this week was probably inappropriate. The Alabama intervention makes more sense because it is not the adjudication of a violation of prior desegregation order but a challenge to the constitutionality of Alabama's current law as it stands. Regardless, this case remains one to watch. Although not as politically hot, this Alabama case may prove more doctrinally important, as SPLC raises novel claims that, if sustained, may have ripple effects elsewhere.