NEBRASKA SUPREME COURT PROBES WHETHER SCHOOL CHOICE LAW IS SUBJECT TO REPEAL BY BALLOT MEASURE

LINCOLN- The Nebraska Supreme Court heard arguments Tuesday in a lawsuit seeking to protect a new school voucher program for private K-12 education from repeal by ballot measure. The question is whether the provision of the Nebraska Constitution that prohibits referendums from repealing “appropriations for the expense of the state government” or an existing state institution applies to possibly repealing the latest version of the state’s school choice law.

Several justices questioned whether LB 1402, which created the voucher program, counts as an appropriation without its related-but-separate appropriations bill, LB 1402A. Chief Justice Mike Heavican and Justice Jonathan Papik pressed the attorneys seeking to toss the measure on whether the appropriations bill would lack purpose without LB 1402.

Attorney Tom Venzor argued that because LB 1402 changed the funding for the scholarship program from a tax credit to a direct state appropriation, it can’t be repealed by ballot measure.

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