Bismarck Public School District 1 v. State Ex Rel. North Dakota Legislative Assembly

NEUMANN, Justice.

Article VI, Section 4 of the North Dakota Constitution requires at least four members of this Court to declare a statute unconstitutional.1 Because only three members of this Court have joined in this opinion, the statutory method for distributing funding for primary and secondary education in North Dakota is not declared unconstitutional by a sufficient majority.

We hold that the funding of the previously recognized fundamental constitutional right to education, see, e.g., State v. Rivinius, 328 N.W.2d 220 (N.D.1982), cert. denied, 460 U.S. 1070, 103 S.Ct. 1525, 75 L.Ed.2d…