In a decision the Las Vegas Review-Journal called "stunning," Nevada's highest court overturned a referendum twice passed by state voters that requires a supermajority of legislators to approve new tax increases. The basis: a desire to increase school funding. The case turned on whether the specifically enumerated supermajority requirement for tax increases trumps the general state constitutional requirement of a "fully funded" education system. By a 6-1 vote, the court said no, and essentially ordered the state to raise taxes-even higher than the record tax hike already approved this year - to increase school budgets. The court's decision went even further than the position advocated by the plaintiff, Governor Kenny Guin, and essentially adopted the amicus brief from the Nevada teachers union, which naturally proclaimed itself delighted with the outcome. Subsequently (this past Monday), a federal district judge called a halt to the legislature's proceedings to review the decision, leaving the whole question up in the air. We'll leave it to others to make their way through the constitutional maze. For our purposes, it's enough to note that "fully funded" is a pretty vague standard - and to remind readers that in education, money does not necessarily equal learning. Consider that Nevada's education spending rose 194 percent between 1983 and 1992, while enrollment increased only 40 percent. All the while, the state lags behind almost every other in NAEP results, high school dropout rates, and college matriculation.
"Constitutional ruling: court paves way for new taxes," by Sean Whaley and Ed Vogel, Las Vegas Review-Journal, July 11, 2003
"Republican appeal: judge blocks tax decision," by Sean Whaley and Ed Vogel, Las Vegas Review-Journal, July 15, 2003
"Nevada's judicial dice-throwers," Wall Street Journal editorial, July 15, 2003