Nevada Attorney General, Adam Laxalt, is urging the judiciary to rule on the case filed by ACLU, contesting the constitutionality of ESA law, after several months have passed since Judge Wilson issued a cease order for the implementation of ESA that was scheduled to take effect last February, this year.
(Neal Morton, Las Vegas Review-Journal) – The Office of the Nevada Attorney General, led by Adam Laxalt, urges Clark County District Judge Eric Johnson to conclude a judgment on the lawsuit filed by the American Civil Liberties Union of Nevada (ACLU), which challenges the constitutionality of the then passed Senate Bill 302 or the widely-known Education Savings Account (ESA) law.
ACLU filed the action on August last year, forcefully alleging that the ESA law manifestly attacks the state Constitution's express provision on the inhibition of diverting public funds appropriated for public schools to private school tuition. One month thereafter, another group filed the same complaint against the ESA law. And in early January, this year, District Judge James Wilson issued an injunction order to prevent the implementation of SB 302 which was expected to take effect last February. Since then, the proceedings of the case moved slowly with parties waiting in determination.
Judge Johnson held two status conferences for the case, one in February and the other in March, this year. During the latter event, Johnson declared the possibility of having a final decision for the case. The anti-ESA parties questioned Johnson's declaration as an injuction had already been ordered by Wilson in January against the ESA implementation.
