“‘Justice requires this court take immediate action to stop these ongoing efforts by the state to dodge its constitutional obligations,’ [Plaintiffs’ attorney Alan] Rupe said.

“Rupe pointed to a 2005 state Supreme Court ruling in a related school funding case, Montoy v. State, in which the high court ordered the Legislature to provide $285 million to schools.

“He said avoiding the current case because of ‘legislative discretion,’ would be a denigration of constitutional duties the justices emphasized in the Montoy case. Leaving the legislative or executive branches to decide whether their actions are constitutional is ‘literally unthinkable,’ he said.

Read more here: http://cjonline.com/news/2015-10-02/plaintiffs-gannon-school-funding-case-ask-kansas-supreme-court-lift-stay