Degenfelder v. Wyoming Educational Association; Leck v. Wyoming Educational Association
The Wyoming Supreme Court reversed a preliminary injunction against the state’s school-choice scholarship program. A trial court had blocked the program in response to claims by a teachers’ union and public school families that it violated the right to an education and a prohibition on education-related appropriations made to entities that are sectarian or not under state control. The state high court found the plaintiffs had failed to show they would be irreparably and personally injured without an injunction. While the court did not give a full merits assessment, the court said the plaintiffs had failed to explain how the program infringes on the right to an education and questioned the trial court’s interpretation of the prohibition on appropriations to non-state controlled entities as referring to the ultimate use of the funds rather than the immediate recipient.
Related Commentary
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.