A Louisiana judge ruled against Governor Jindal in his efforts to dump Common Core and PARCC.
Mercedes Schneider read the court decision and concludes that Jindal lost in court against proponents of Common Core because his lawyer didn’t make a good case. She says he better get a better legal team or be prepared to lose again.
Did Jindal really want to lose or was he just going through the motions so he could play both sides?
I posted this on Mercedes’s ‘blog:
I have a different take, although I certainly can’ be sure.
I thought of the same ruse angle as Crazy Crawfish, and I have no doubt that Jindal isn’t capable of such a game, but I also think that he’s so far down the dump-the-Common Core road that he can’t back out now. So, I looked elsewhere for a reason.
From what I recall from law school (so I’m writing generally and not about LA law specifically), winning a preliminary injunction (“PI”) is not easy. Courts don’t like to get the bum’s rush; they want to get the parties to argue the details in open court, which includes discovery and briefings, etc. So, a court faced with a PI on a very controversial issue—and the court here makes it clear that it isn’t comfortable refereeing a cage match between Jindal and the BSEE—will often take the conservative route and craft a decision to kick the issue up to the next court with as little disturbance of the status quo as possible.
I think that’s what happened here. The court notes that Jindal and the legislature had gone along on CCSS for quite awhile and only now are they fighting. That could raise certain questions. The are issues about whether the contract in question was rescinded. More questions. There could be constitutional issues. Still more questions.
Now, it may be case that the higher court is “polluted” by this decision. But I doubt it. Higher courts love to review lower court decisions—that’s their job. So, barring some sort of corruption (and yes, I know we’re talking about LA), I’m not too worried yet.
I’m still hoping that the cases will go to trial. While that will take time, the release of documents, depositions, testimony, and the likely press circus, will provide all of us fighting this cancer invaluable help.