After Donald Trump became President of the U.S., the so-called "resistance" swamped federal courts with various lawsuits against him - not because the President was doing something wrong (the "wrongs" alleged were the same "wrongs" that the Obama administration was doing all along), but because the backers of the "resistance" did not get to the trough - oops, the wheel.
One of the type of lawsuits currently litigated across the country against Donald Trump, is for denying discretionary federal funds to states, including for public education that must be financed by states, not by the federal government.
Amazingly, these frivolous lawsuits are asserted under the 10th Amendment - which actually gives the state the right to act on their own in deciding issues of care and safety of their residents, and with the right comes an obligation to financially provide for such care.
But, anyway, the states are suing the feds under the 10th Amendment claiming that denial of discretionary federal funds will cripple state efforts to fund public education.
Great.
The interesting wrinkle on this argument in New York though is that recently some parents in New York City sued New York State, under the State Constitution, for failing to properly fund public schools.
The case reached all the way to the top court of the state, the New York Court of Appeals, which heard it and, while having dismissed two causes of action, remanded (allowed to proceed) a cause of action challenging "the adequacy of defendant State's education funding accountability mechanisms”.
That's the "education funding accountability mechanisms" of the same State that claims, like a leech, an entitlement to get federal funds to put into the same hole.
Will New York now lose its federal lawsuit regarding its alleged "entitlement" to put more federal money down that same hole without trying to device "education funding accountability mechanisms"?
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