By Jonathan Sher

On Feb. 22, the N.C. Supreme Court Justices allowed a “do over” hearing in the already decided — seemingly finally resolved — Leandro case. At risk is every single child’s state constitutional right to actually receive a “sound basic education.”  

It had taken 30 years, numerous trials, mountains of evidence, bipartisan negotiations and favorable decisions by four previous sets of N.C. justices to reach this pinnacle of hope for N.C.’s children and young people. That hope could be dashed, if not destroyed, very soon by the new Republican majority of justices. 

The Feb. 22 hearing never should have happened. Already defeated legal issues arose again from the case crypt in an attempt to overturn the long-awaited N.C. Supreme Court’s final ruling in 2022. Yet, it happened because of an ideological alliance between the Republican leaders of the N.C. General Assembly and the Republican justices.  

It crystalized in the reality that this unprecedented “do over” lawsuit was brought by Sen. Phil Berger Sr. to be decided by Justice Phil Berger Jr. and his court cronies. The younger Berger did not even have the decency and common sense to recuse himself from Daddy’s case — trusting the other Republican justices to back up his arrogance. It was a new low point for — and perversion of — the maxim that “justice is blind.” On Feb. 22, these justices appeared to be deaf and dumb, too. 

There was a public demonstration outside the Supreme Court during the hearing. Protesters — and the “I Am Leandro” campaign — are calling for the full implementation of the 2022 Supreme Court decision in favor of the “Leandro Comprehensive Remedial Plan.” That includes finally using all the surplus state funds already allocated for this purpose. This financial investment would raise N.C.’s education funding from an abysmal 49th in the nation all the way to the not-so-lofty rank of 42nd in America.  

The Leandro Plan is the best path available toward reversing the sad reality that nearly half of today’s students across N.C. did not pass grade level tests in such basics as reading and math. It is a far better — and more realistic — path than the one already chosen by the Republican-majority General Assembly, i.e., siphon off public, taxpayer money to subsidize private schools. 

Private schools have always existed and many are very good. There are not, and never will be, enough good private schools to enroll and educate North Carolina’s 1.5 million  students. Helping the wealthy at the expense of everyone else is not social justice. 

The action has now shifted to behind-the-scenes deliberations and influencing. Silence must be music to the ears of the Republican justices as they prepare their ruling. They don’t want spotlights shining on them — and on what their negative ruling on Leandro will mean for children and young people, as well as N.C.’s society and economy.

By contrast, what would be ideal for the enormous number of potential Leandro beneficiaries is to use this time before the ruling to try to positively influence at least two of the Republican justices. These justices must be shown this is their career and legacy defining moment. 

Influencing their choices is far more likely to occur if N.C.’s individuals, families, organizations and the media (including social media) continue to raise their voices and keep these justices in their headlights and their headlines. This has to happen now, before the ruling. Protesting afterwards will be “too little, too late.” 

Leandro is not “yesterday’s news.” Instead, it is the future of North Carolina’s children and young people — their lives and life chances — that are at stake right here, right now. This is the time to speak up and fight for them; not to stay silent and look away. 

Dr. Jonathan Sher is the former president of the N.C. Child Advocacy Institute.