The prevailing opinion making the rounds in certain circles is that the ongoing lawsuit brought forward by school districts over the state’s lack of funding has no legal standing because of the use of tax dollars funding the lawsuit. What I find somewhat interesting is that many of these same sources would have no problem with tax payer dollars being used to fight the court battles that passing Initiated Measure 11, South Dakota’s proposed abortion ban, would cause.
From Chris Nelson’s 2008 Ballot Question Pamphlet (pdf alert) located at the SD Secretary of State’s web site:
The Attorney General said this abortion ban will likely be challenged in court and South Dakota taxpayers would be required to pay substantial attorneys fees and costs to defend the law.
So suing to properly fund schools for our kid’s education using tax dollars because our government refuses to do so is bad but defending lawsuits on behalf of unconstitutional legislation using tax dollars is okay? Just wondering…