US District Judge Shelly Dick, who disagrees with Louisiana Governor Bobby Jindal’s claim that the US Department of Education illegally forced states to adopt the Common Core standards, has rejected his federal lawsuit against the standards.
Dick denied Jindal’s request to stop federal officials from punishing Louisiana if it ceases to use the standards, but the judge said Jindal had not shown that this type of penalization exists in legal briefings or in a May hearing.
The Associated Press reports that Jindal’s attorney Jimmy Faircloth asked Dick to make this the final judgment so that the appeal process could commence quickly, and the judge agreed.
“We’ve briefed these issues extensively to her and all the experts testified, so there’s no reason practically to have another trial,” Faircloth said. “There’s no expectation of a different outcome.”
The governor, who is a GOP candidate for president, sued the DOE in 2014 for using $4.3 billion in grants and waivers to pressure states to adopt the Common Core. Judge Dick saw no evidence of possible injury to the state if leaders decided to drop the standards and testing.
The Common Core standards establish measurement guidelines in math and English and have been adopted by over 40 states to outline what students are required to know after completion of a grade level.
Jindal reversed his opinion of Common Core when the standards began to lose favor with Republicans. Specifically, he stated that the national curriculum was a violation of the state sovereignty clause in the Constitution and federal law.
Blake Neff writes for The Daily Caller that if the federal court of appeals drops Jindal’s lawsuit, it could move on to the Supreme Court, which could be what Jindal’s camp wanted all along.
There are still many Louisiana Republicans who stand behind the standards, including those on the Republican-dominated state school board. They say Jindal has changed his position on Common Core because of his presidential campaign. The Daily Caller adds that so far Jindal’s lawsuit has cost the state over $830,000.
Jarvis DeBerry of The Times-Picayune writes that Jindal may be using his court cases to make a point. He says that Jindal may have decided that:
“[I]t’s better to lose a few court cases than refrain from taking losing cases to court.”
It is possible that Jindal may be trying to lose cases to make the point that courts are not doing a good job. This year when the Supreme Court decided that same-sex couples had a right to marry, Jindal was opposed to the decision and said, “[L]et’s just get rid of the court.”
He has lost his battle in court against gay marriage, against Planned Parenthood, and against Common Core. DeBerry posits that the governor’s ploy is to let his constituents know that the judiciary is wrong and altogether disconnected from the rest of America.