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NC Supreme Court denies emergency appeal to disburse school voucher funds

The N.C. Supreme Court denied an emergency motion filed last week by attorneys on behalf of Speaker Thom Tillis, Senate leader Phil Berger and parents to allow taxpayer-funded school vouchers, ruled unconstitutional by a Superior Court judge last month [1], to be disbursed to private schools immediately while the fate of the program is decided. 

The defendant-intervenors pushing to get school voucher funds out the door filed their motion with the Supreme Court before a written order had been issued by Superior Court Judge Robert H. Hobgood, going against the usual order of business.

The Supreme Court decided to punt the case back to the Court of Appeals today, and because a written order was finally issued by Judge Hobgood late last week, defenders of the school voucher program can once again pursue a temporary stay of his unconstitutional ruling in the lower court, following the normal process.

The Supreme Court’s latest ruling means that those hoping to get school vouchers out to private schools immediately while the final merits of the case are decided now face a potentially weeks-long delay, and it’s unclear how students who have enrolled at private schools with the understanding they would have $4,200 taxpayer-funded vouchers to pay toward their tuition will be affected.

Read the Supreme Court’s ruling below. And for more background on the school voucher legal battle, click here [1].