州特许学校董事会10月23日全票决定上诉 为犹太特许学校案再打一仗

10月23日,俄克拉荷马州全州特许学校董事会在州议会大厦开会,全票决定就本·甘拉犹太特许学校案的联邦法院裁决提起上诉。不到一个月前,董事会对这所学校的办学申请投票,未能获得批准所需的支持票。董事会没有选择重新投票,而是授权律师就联邦法院的初步禁令提起上诉。董事会成员贾里德·巴斯韦尔提出上诉动议,称此举可以在董事会讨论下一步的同时保住各种选项。董事会律师A.J.费拉特表示,州总检察长办公室10月22日晚出具的意见认为董事会不能再就该申请投票,董事会面临的选择是要么上诉联邦法院的命令,要么冒着在初审法院被判藐视法庭、接受证据开示的风险。费拉特还透露,本·甘拉方面已来信表示可能采取法律行动。州总检察长办公室则批评这项上诉,指出董事会今年4月曾支持本·甘拉申请禁令、联邦法院9月也批准了该请求,一方通常不能对自己请求并获得的命令提起上诉,总检察长办公室不会批准为这项上诉动用州财政开支。
来源:GSM·美国
Oklahoma Statewide Charter School Board Votes Unanimously on October 23 to Appeal in Ben Gamla Jewish Charter School Case
On October 23, Oklahoma's Statewide Charter School Board met at the State Capitol and voted unanimously to appeal a federal court ruling in the Ben Gamla Jewish charter school case. Less than a month earlier, the board had voted on the school's application but failed to muster the support needed for approval. Rather than hold another vote, the board authorized its attorneys to appeal the federal court's preliminary injunction. Board member Jared Buswell made the motion to appeal, saying the move would preserve options while the board discussed next steps. Board attorney A.J. Ferate said an opinion issued by the state Attorney General's office on the evening of October 22 concluded the board could no longer vote on the application, and that the board faced a choice between appealing the federal court's order or risking being held in contempt and facing discovery in the trial court. Ferate also disclosed that Ben Gamla had written to say it might take legal action. The Attorney General's office, for its part, criticized the appeal, noting that the board had supported Ben Gamla's request for an injunction in April and that the federal court had granted that request in September, and that a party ordinarily cannot appeal an order it sought and obtained; the Attorney General's office said it would not approve the use of state funds for the appeal.
Source: GSM News
来源:GSM·美国(原文链接)
图片来源:俄克拉何马城市景。图片经 Wikimedia Commons。Oklahoma City, Oklahoma. Via Wikimedia Commons.

