The Nebraska Supreme Court has ruled that voters will decide the future of a scholarship and voucher program aimed at helping families cover private K-12 education costs. In a unanimous 7-0 decision, the court determined that the ballot measure to repeal Legislative Bill 1402 does not involve appropriations, allowing it to proceed as a referendum under the state constitution. The court clarified that no appropriations were included in LB 1402, countering arguments from opponents who claimed the bill’s spending should not be subject to a public vote. Supporters of the bill, including State Senator Lou Ann Linehan, praised the decision for giving Nebraska families hope through scholarships. Meanwhile, critics, led by public school advocates, argued that allowing public funds for private schools violated the constitution.
The court sidestepped the broader question of whether LB 1402 unlawfully directed state funds to private schools, focusing instead on whether a law without its associated appropriations could be repealed through a referendum. Nebraska Secretary of State Bob Evnen, a defendant in the case, drew criticism from the court for attempting to reverse his prior decision to certify the referendum.
The ruling has raised concerns over the potential shift in legislative power, with Linehan warning that future decisions could be heavily influenced by members of the Appropriations Committee. This could change the dynamics of the Legislature, where non-budget-related bills might face greater risks of rejection by voters.
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