State Supreme Court Rules For Full Abbott Funding

By Art Gallagher

A divided State Supreme Court ruled 3-2 this morning that New Jersey tax payers must continue to fund the so called Abbott school districts according to former Governor Corzine’s School Funding Reform Act of 2008.   The Court’s decision can be found here.

Justice LaVecchia, writing for the court:


The funding to the Abbott districts in FY 2012 must be calculated and provided in accordance with the School

HELD: The Appropriations Clause creates no bar to judicial enforcement under the circumstances presented here.



Funding Reform Act of 2008. Relief is limited to the plaintiff class of children from Abbott districts for whom the

Court has a historical finding of constitutional violation and for whom the Court has had specific remedial orders in

place through Abbott XX.



Justice Albin and temporary Justice Stern concurred with LaVecchia.  Justices Rivera-Soto and Hoens dissented.

The Court ordered that the State must increase spending in Abbot districts by $500 million in fiscal year 2012,

Posted: May 24th, 2011 | Author: | Filed under: Uncategorized | 9 Comments »

9 Comments on “State Supreme Court Rules For Full Abbott Funding”

  1. Gene Baldassari said at 10:36 am on May 24th, 2011:

    That is bad news.

    It means more lost jobs, more waste, and more Congressional seats going away.

    It means that we must get an entire new legislature to solve NJ fiscal problems. And the will of the voting majority will not turnover the legislature.

  2. MLaffey said at 12:40 pm on May 24th, 2011:

    When the court says that the constitution requires something that the majority does not want it is actually quite easy to fix it.

    Simply amend the constitution.

    I urge our Republican legislators to start this process.

  3. TheDigger said at 1:41 pm on May 24th, 2011:

    Why hasn’t anyone filed a lawsuit alleging discrimination against non-favored ethnic groups in the NJ supreme Court’s various rulings? Smells like a federal case potential.

    The funding should be based upon the child .. each child should have the same amount provided to the school district everywhere in the state.

    Equality Now! Equal rights and funding for all, not just the favored ethnic group of the moment.

  4. Justified Right said at 2:04 pm on May 24th, 2011:

    Good I’m glad.

    Hey Mile Laffey – Keep fighting me on getting rid of Asbury Park as an Abbott by reversing the 1996 ruling that segregated it, while at the same time keep complaining about how much money that very ruling is costing you.

    One more note from Asbury Parkers to all of you: Don’t be late with our $60 Million check. Get a second job if that’s what it takes. Just make sure you get it here on time.

    We’ll be surfing.

  5. Freespeaker1976 said at 2:38 pm on May 24th, 2011:

    Hey Digger,

    You think we could get the ACLU to take the case? After all, they are working hard in NJ, Point Pleasant & Neptune 🙂

  6. MLaffey said at 7:43 pm on May 24th, 2011:

    I conceded that if what you proposed worked it would make some of the Abbott districts dissapear. My argument was threefold.
    1. You were wrong that it is racial. It is Socio – economic.
    2. You can’t put that genie back in the bottle. The parents in those other towns will never send their kids to Asbury.
    4. Even if you did re intergrate the school systems it will not improve educational outcomes for the kids currently failing in those schools.

    I will be happy to support you as soon as you come up with a solution that will actually accomplish something.

  7. Justified Right said at 10:21 am on May 25th, 2011:


    1 – In NJ socio-economic in our school districts is defacto race based;

    2- The parents will send their kids to Asbury Park because the did in the past. If they don’t like the school, the answer is them paying for private school, not you and I paying for them to go to another school (unless you like paying for it – then be my guest but leave the rest of us taxpayers out of your social engineering).

    4 – (you skipped 3) – Integration in a better school will make the kids do better (there you go with your separate but equal argument again).

    Lastly –

    Don’t be late with my $60 million check.

    I’m going surfing.

  8. MLaffey said at 7:54 pm on May 25th, 2011:

    1. Tell that to Keansburg

    2. They won’t. They will and ok you are right about us not having to payfor them.

    4. (really 3) No it won’t and it has nothing to do with seperate but equal. Seperate,together,equal unequal none of that matters. Until we recognize the real cause of the problem it will not be fixed.

  9. MoreMonmouthMusings » Blog Archive » MMM Year in Review - May said at 4:40 pm on December 29th, 2011:

    […] State Supreme Court reaffirmed the Abbott decision, assuring that New Jersey’s educational system would remain racially segregated  and funded […]