Court rules schools can't pass union political cash

By Ed White Associated Press Public school districts cannot help unions by deducting political contributions from the paychecks of teachers, the Michigan Supreme Court said last Thursday as conservatives reversed a six-month-old ruling by liberal justices. In a 4-3 decision, the court said public agencies cannot use their resources for political purposes, even if the Michigan Education Association reimburses schools for administering the payroll deduction. The case involved the Gull Lake district in Kalamazoo County. "Monetary reimbursement, paid in advance or otherwise, is simply insufficient to recover the time that is diverted from the primary obligations of the school district," Justice Stephen Markman wrote. The Supreme Court issued a completely different opinion in late December, just before Democrats lost their 4-3 majority. Republicans agreed to reconsider the case when they took control of the court. "Instead of preserving precedent, this newly comprised majority reverses this court's previously issued opinion and issues its own opinion for no reason other than that it disagrees with the outcome of the prior opinion," said Justice Diane Hathaway in a dissent. Justice Mary Beth Kelly, whose election in November tilted the court back to conservatives, said she could not let the previous decision stand. "The opinion at issue was only days old when the composition of the court changed. ... Simply put, I would be derelict in my duty if I were to give deference to legal reasoning with which I find fault," Kelly wrote. Justice Brian Zahra, who was appointed to the court in January, also put his name on Kelly's statement. Published: Mon, Jul 4, 2011