We offer these concluding thoughts, against the backdrop of the
dissent.
Courts are, of course, well suited to adjudicate civil and criminal
cases and extrapolate legislative intent (dissent at 19). They are,
however, also well suited to interpret and safeguard constitutional
rights and review challenged acts of our co-equal branches of
government -- not in order to make policy but in order to assure
the protection of constitutional rights. That is what we have been
called upon to do by litigants seeking to enforce the State
Constitution's Education Article. The task began with Levittown's
articulation of the constitutional right to a sound basic education - not at all a "catch-phrase for an inferred constitutional
guarantee" (dissent at 3), but this Court's careful judgment 21
years ago as to what is meant by our State Constitution's
promise in the Education Article. CFE built on our definition of the
constitutional requirement, adding to the law a determination
that the complaint stated a cause of action, and that -- if
plaintiffs proved their assertions, as they have -- they would
establish a violation.
Nor is the Court's standard of a sound basic education, articulated
both in Levittown and CFE, "illusory" for failing to fix the moment
when a meaningful high school education is achieved (dissent at
2-12). As the dissent itself exemplifies by "of course" rejecting
the eighth (or ninth) grade test of the Appellate Division and
offering no other, a constitutional standard of sound basic
education need not pinpoint a date with statutory precision, so
long as it defines the contours of the requirement, against which
the facts of a case may then be measured.[11] Indeed, a sound
basic education back in 1894, when the Education Article was
added, may well have consisted of an eighth or ninth grade
education, which we unanimously reject. The definition of a sound
basic education must serve the future as well as the case now
before us.
Finally, the remedy is hardly extraordinary or unprecedented
(dissent at 18). It is, rather, an effort to learn from our national
experience and fashion an outcome that will address the
constitutional violation instead of inviting decades of litigation. A
case in point is the experience of our neighbor, the New Jersey
Supreme Court, which in its landmark education decision 30
years ago simply specified the constitutional deficiencies,
beginning more than a dozen trips to the Court (dissent at 19, n
12), a process that led over time to more focused directives by
that court ( compare Robinson v Cahill, 63 NJ 196, 198 [1973]
with Abbott v Burke, 119 NJ 287, 385-391 [1990]). In other
jurisdictions, the process has generated considerably less
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