Florida -- Where Bad is Good

DallasBlog.com | William Murchison:

“Florida’s constitution requires that ‘free public schools’ be, among other things, ‘uniform.’ Which by public consensus many surely are -- uniformly bad. Which is why the state created a voucher program in the first place --- so that victims of such oppressive uniformity could opt either for public schools or private ones, with the state paying the bill. ... Florida’s chief justice, Barbara J. Pariente, objects, in the majority opinion, that private schools aren’t ‘uniform’ with the public schools, partly because, being private, they don’t have to follow state standards.”

Ed Cognoski responds:

In ironic coincidence, Mr Murchison's opinion piece comes during the Judge Samuel Alito confirmation hearings in Washington. Judge Alito is a darling of conservatives because, supposedly, he exercises judicial restraint instead of an activist philosophy. He applies the laws as written and puts the burden to change bad laws on the legislature.

Now, in Florida, we have a Supreme Court doing just that and conservatives like Mr Murchison are outraged. He apparently wants the court to ignore the Florida Constitution's requirement for uniform public schooling because it is leading to bad results. He wants to allow a two tier school system, public and private, both funded by public tax dollars, because that would lead to better education for more students.

Better education is a fine cause. A noble cause. Trouble is, Mr Murchison's solution is against the law. But when it's Mr Murchison's cause, that shouldn't be a barrier. To Mr Murchison, judicial activism is fine and dandy when it's a conservative cause being advanced. Instead, let's make the legislature and citizens of Florida change the Constitution if they don't like the quality of education in Florida that their laws result in. Don't blame the courts for doing their job exactly like conservatives have demanded for decades.