Lake View School District No. 25 v. Huckabee

I respectfully dissent.

I am sure that it is the depth of concern over the perpetual struggle to provide appropriate public schools that has obscured the majority’s understanding and resulted in this usurpation by seizing power to act where there is no power to act. The majority is clearly con&sed, as is demonstrated by the following statement in the majority opinion:

We further made it radiandy clear in our supplemental opinion handed down on June 18, 2004, that although we were releasing jurisdiction of the case, we reserved the right to exercise our power at any time to assure that a…