Apr 30 2011

Going after it every which way

Published by at 1:13 pm under Idaho

You can’t say Idahoans opposed to the public schools overhaul bills passed this legislative session aren’t going after them aggressively: They’re running down just about every avenue of challenge available.

They’re trying to recall the Superintendent of Public Instruction Tom Luna who is principally behind them. They’re trying to recall a couple of the legislators who voted for them. They’re trying to place the measures on the ballot as a referendum, to possibly throw them out by voter action. And they’re challenging their constitutionality in court, with a lawsuit filed by leaders of the Idaho Education Association on April 27.

Any options they’ve missed?

Of course, they’re not all equally likely to succeed. The one with the best chance, though not necessarily a probability of success, is the referendum. There, the bar to ballot placement is not massively high, and if the negative public attitude really is as strong as it often seemed in recent months, and if it remains negative after more than a year of implementation (the election would be in November 2012), then the prospects for overturn are reasonable. Which is not to say it would be easy.

The recall efforts are very difficult, especially the statewide for the superintendent. And there, the greater problem isn’t even getting the recall to the ballot, so much as gathering enough votes in a special election against Luna to surpass the votes he got (in a near-landslide win) in a general election. A win there would be an extraordinary achievement.

The new lawsuit looks to fall somewhere in between. On their face, the substance of the three bills at issue don’t seem to violate the constitution. The most interesting argument for an overturn would be the “too many subjects” argument. Idaho laws are supposed to be limited to a single subject, and the argument is that at least one of the bills covered so much territory it violated that requirement. That could be so; in recent years, the Idaho Supreme Court has killed other legislation on just such grounds.

In any event, from a strategic view, there’s this: If you try everything, the odds improve that something will stick.

Share on Facebook

Comments Off

Comments are closed at this time.

Share on Facebook

 


Senator Ron Wyden speaks against an online sales tax bill.

 

Idaho 100 NOW IN KINDLE
 
Idaho 100, about the 100 most influential people ever in Idaho, by Randy Stapilus and Martin Peterson is now available. This is the book about to become the talk of the state - who really made Idaho the way it is? NOW AN E-BOOK AVAILABLE THROUGH KINDLE for just $2.99. Or, only $15.95 plus shipping.
 

Idaho 100 by Randy Stapilus and Martin Peterson. Order the Kindle at Amazon.com. For the print edition, order here or at Amazon.


 
idaho political field guide NOW AVAILABLE
 
The first book-length review of Idaho politics in a decade. If you track Idaho politics as participant, a professional or an interested citizen, you need the Political Field Guide.
This week only: Free on Amazon Kindle!  

The Idaho Political Field Guide by Randy Stapilus, 284 pages.By PayPal

or at Amazon, $15.95

    watergates

    ORDER IT HERE or on Amazon.com

    More about this book by Randy Stapilus

    Water rights and water wars: They’re not just a western movie any more. The Water Gates reviews water supplies, uses and rights to use water in all 50 states.242 pages, available from Ridenbaugh Press, $15.95

    intermediary

    ORDER IT HERE or on Amazon.com

    More about this book by Lin Tull Cannell

    At a time when Americans were only exploring what are now western states, William Craig tried to broker peace between native Nez Perces and newcomers from the East. 15 years in the making, this is one of the most dramatic stories of early Northwest history. 242 pages, available from Ridenbaugh Press, $15.95

    Upstream

    ORDER HERE or Amazon.com

    The Snake River Basin Adjudication is one of the largest water adjudications the United States has ever seen, and it may be the most successful. Here's how it happened, from the pages of the SRBA Digest, for 16 years the independent source.

    Paradox Politics

    ORDER HERE or Amazon.com

    After 21 years, a 2nd edition. If you're interested in Idaho politics and never read the original, now's the time. If you've read the original, here's view from now.


    Governing Idaho:
    Politics, People and Power

    by James Weatherby
    and Randy Stapilus
    Caxton Press
    order here

    Outlaw Tales
    of Idaho

    by Randy Stapilus
    Globe-Pequot Press
    order here

    It Happened in Idaho
    by Randy Stapilus
    Globe-Pequot Press
    order here

    Camping Idaho
    by Randy Stapilus
    Globe-Pequot Press
    order here