A panel of appeals court judges will hear oral arguments on Tuesday in the next phase of a high-profile and controversial lawsuit challenging a voucher-like scholarship program that helps poor children attend private school in Florida.
But the merits of the Florida Tax Credit Scholarship program won’t be argued just yet.
First to be resolved is whether the state’s largest teachers union and other plaintiffs even have the right to make their case that it’s unconstitutional.
The Florida Education Association and its allies want the First District Court of Appeal in Tallahassee to overturn a Leon County judge’s ruling from almost a year ago that tossed the lawsuit. Circuit Judge George Reynolds III ruled that the plaintiffs didn’t have legal standing to bring the case.
The FEA appealed last summer because it wants its day in court — despite mounting public pressure from scholarship supporters who want the union to “drop the suit.”