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decline of the unions
CA Court Rules Teacher Tenure Laws Unconstitutional

A California court dealt a blow to teachers’ unions today, reports the NYT. The LA superior court judge ruled that the state’s teacher tenure laws “deprive students of their constitutional right to an education”:

“Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students,” Judge Rolf M. Treu wrote in the ruling. “The evidence is compelling. Indeed, it shocks the conscience.”

The ruling, which declared the laws governing how teachers are hired and fired in California to be unconstitutional, is likely to set off a slew of legal fights here and in other states, where many education reform advocates are eager to change similar laws. The ruling brings a close to the first chapter of the case, Vergara v. California, but both sides have made it clear that they plan to appeal any decision that goes against them to the State Supreme Court.

This ruling is a welcome step forward in the efforts to rein in teachers’ unions, which seem to value even the worst teachers’ jobs over their students’ welfare. We’ll be eager to see whether the ruling stands once the case goes to a higher court. Let’s hope the appeals court takes a page out of Judge Treu’s book and delivers a second scathing rebuke.

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  • Fat_Man

    Don’t bet against the political muscle of the California Teachers’ unions. California judges have to run for election.

    • Corlyss

      Agree. They’ll get the Constitution changed. Never thought i’d be grateful for a “disparate impact” decision. Those things are an abomination.

      • Fat_Man

        They will get the Constitution changed only if they cannot intimidate the appellate judges into reversing the lower court.

        • Corlyss

          I’m betting the appellate court reverses. There’s too much at stake for elected judges. The only thing worse than elected judges is appointed judges. The only thing worse than appointed judges is elected judges. I think there are no more models by which to choose judges. Pity that.

      • Andrew Allison

        They won’t get the Constitution changed. There are only two ways to do that, one of which is to persuade a super-majority of the States to demand it, the other to open Pandora’s Box via a Constitutional Convention.

        • Corlyss

          The constitution in issue is the Ca. constitution, not the Big Kahuna.

          • Andrew Allison

            Of course, but when(as it must) it goes to the Supremes, is the Big Kahuna that counts.

          • Corlyss

            Disagree. There’s the issue of plaintiffs not appealing beyond the state because they don’t want to hear the answer and they have maximum control over the amending of the Ca. constitution.

    • Andrew Allison

      But the Supremes don’t.

  • Pete

    The parasites are on the run

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