Alabama Supreme Court could decide on Alabama Accountability Act - ABC 33/40 - Birmingham News, Weather, Sports

Alabama Supreme Court could decide on Alabama Accountability Act

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STATEWIDE -

The Alabama Supreme Court can decide whether the governor gets to sign private school tax credits into law.

Republican legislative leaders want the all-Republican court to lift a temporary restraining order issued by a Democratic judge.  The order by Circuit Judge Charles Price keeps the governor from signing the bill into law while the judge considers a lawsuit filed by the Alabama Education Association.

"The big losers by delaying this is are the school children and the parents of the school children who live in failing schools," says Mike Hubbard, Speaker of the Alabama House of Representatives.

"The legislative process is a separate branch of government, it needs to act that way. We have a process, we were within our rules. The judicial branch does not need to get involved in that," says Senate Pro Tem Del Marsh.

Marsh and Hubbard are confident the Alabama Supreme Court will overturn the ruling of by Judge Charles Price.

On the other side of the aisle, democratic senator Quinton Ross says the Alabama Accountability Act was passed in a deceitful manner.

Ross, believes for that reason, the Supreme Court will uphold the ruling

"The issue at hand is whether we should be held to the rules that we voted on," says Ross. "I would hope that in the face of justice, that (the Supreme Court) would look at the issue on its face, and understand that we have a body of laws that we should function by and really allow the lower court to handle it."

AEA contends the Legislature improperly passed the bill to provide tax credits to parents who move their children from failing public schools to private schools.

A temporary restraining order will be in place until March 15.

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