The US Court of Appeals for the Ninth Circuit ruled Tuesday that a challenge to Arizona’s Proposition 123 education funding should be dismissed.
The plaintiff, Michael Pierce, brought suit against Arizona Governor Douglas Ducey, alleging a violation of the New Mexico-Arizona Enabling Act.
To provide funding for public schools in Arizona when the state was first created, the US granted Arizona hundreds of thousands of acres of land and established a “permanent inviolable fund.” The Enabling Act originally required the state treasurer to place trust funds in “safe, interest-bearing securities.” Under the act, Arizona had to consent to the terms and conditions of the land grants in its constitution.
