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KU Law Professor and Former Dean Exposes Court’s Flawed Reasoning in Montoy
Professor Stephen McAllister of the University of Kansas School of Law recently filed a brief with the Kansas Supreme Court setting forth the folly of the Court’s reasoning in the Montoy school finance case. Professor McAllister is an attorney with impeccable credentials. Among other things, he has clerked for two United States Supreme Court Justices, served as Dean of the KU Law School, and from 1999 to 2003 served as Solicitor General for the State of Kansas under then Attorney General Carl Stovall. Writing on behalf of the Legislative Coordinating Counsel Professor McAllister authored an Amicus Curiae brief that methodically exposes the faulty reasoning of the Montoy Court. Professor McAllister’s argument is summarized in this stirring paragraph, “Public respect for judicial decisions is earned. It is earned by the competence, diligence, and restraint of judges. Judicial decisions that fail to exhibit those qualities undermine public confidence in the courts as the interpreters, rather than the creators, of the law. Throughout American history, the most grievous wounds that courts have suffered were self inflicted.” I have attached a complete copy of Professor McAllister’s outstanding brief and urge you to take the time to review his compelling argument. Working to insure a proper separation of powers between the legislative and judicial branches remains among my top legislative priorities. I hope that reviewing Professor McAllister’s brief will shed further light regarding why I feel so strongly about this issue For a PDF version of the brief, click here.
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