Judge Hannah also noted several issues with the Supreme Court’s analysis, suggested how politics both played a role in shaping the outcome in this case, and how it may be used in the future to defeat initiatives passed by the electorate. According to Hannah, “If legislators can find a legal flaw in a measure they disagree with as a matter of policy, their incentive is now not to fix it but instead to exploit it. They can then point to the political obstacles created by their own opposition as a reason for the courts to stop the political fight and declare the legislature the winner.”
Joe Thomas, President of the Arizona Education Association, issued the following statement on today’s court ruling invalidating Prop 208:
This is yet another blow to Arizona’s 1.1 million K-12 students and the teachers who teach them. Governor Ducey and the Arizona Legislature have had years to find solutions to Arizona’s education crisis. Instead of doing their jobs, they fund lawyers to keep the people of Arizona from voting. They should be ashamed of themselves.
We are going to bring every teacher, every parent, and every organization together to hold the Arizona Legislature accountable for their extreme behavior when it comes to attacks against public education. We will also ask for an education referral to be immediately placed on the next eligible ballot. The foundation of our democracy is predicated on a legal system that is above the reach of politicians and the legislature. Today’s decision demonstrates the extent to which the Supreme Court is willing to intervene and undermine the intent and will of millions of voters.
Make no mistake, we will continue to fight for Arizona’s children and their teachers.