California governor’s Supreme Court nominee wrote opinion derailing adequate school funding case

The article was updated on Oct. 14 to clarify that the four Supreme Court justices’ decision not to hear the two lawsuits did not necessarily mean they agreed with the court of appeal’s decision. Martin Jenkins received wide praise last week following his nomination by Gov. Gavin Newsom to the California Supreme Court.

Jenkins, 66, who’d be the first openly gay justice on the high court, served for three decades on state and federal courts, where he was characterized as a hard-working judicial “moderate.” Since last year, he has been Newsom’s appointments secretary.

However, attorneys who had sought to persuade the courts to be allies in demanding more money for California schools had a different, more muted take on the appointment, tied to a particular ruling. Four years ago, as a justice on the state court of appeal, Jenkins dashed their hopes.

He wrote the decision that there was no constitutional basis for two lawsuits arguing the state inadequately funded K-12 education. Months later, a majority of the state Supreme Court declined to take the case, and the lawsuits died. Now, with Jenkins’ nomination all but certain to be approved, it could be years, if not longer, before other […]

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