EduShyster reports that three of the city’s leading law firms have filed a lawsuit to overturn the state’s cap on the number of charter schools.

The irony is that they are suing the state and the state board of education, which are led by charter advocates.

She writes:

So our defendants in a case alleging that the charter cap is a violation of students’ civil rights also happen to be wildly pro proponents of lifting said cap. Are there any other ways in which this case is in fact the opposite of what it purports to be? Funny you should ask…It turns out that the case has nothing to with individual rights period—it’s actually a separation of powers case that will hinge on the concept of *justiciability.* I will tell you no more about this now as we have officially stumbled onto a terrain in which I am *needs improvement.* But suffice it to say that this is yet another reason for the decided lack of enthusiasm that beshrouds this case. You see, our white-shod friends have accidentally raised a topic that our proponent-defendants would prefer to eschew: the increasingly unequal state of school funding in Massachusetts, and the role that charter schools play in exacerbating that inequality, especially in poor districts.

Remember the line about charter schools saving poor kids from failing schools? Here is the irony. Massachusetts is the highest performing state in the nation. As more charter schools are opened, more school districts will lose students and resources.

The Bay State–or at least its current leaders–seem determined to create a fiscal crisis for underfunded districts and a two-tier system of schools with public funds. One free to choose its students, the other required to enroll all students.