Law firm hired to help defend Education Savings Account program
CARSON CITY — Attorney General Adam Laxalt announced Thursday that he has retained a nationally recognized law firm to help defend against the ACLU legal challenge to the state's new Education Savings Account program.
The firm Bancroft PLLC will provide the attorney general's office with legal strategy and analysis on the case, which Gov. Brian Sandoval has urged be resolved as quickly as possible.
Leading Bancroft's involvement in the case will be former U.S. Solicitor General Paul D. Clement, who has argued over 75 cases before the U.S. Supreme Court and is widely recognized as a top appellate advocate in the country.
"Clement and Bancroft are already involved with other cases raising the same constitutional issues, and will bring that specific expertise and knowledge to Nevada's defense of its ESAs," Laxalt said.
The move is consistent with the requests from Sandoval and state Treasurer Dan Schwartz to move aggressively and use all resources available to defend the constitutional challenge against Nevada's Education Savings Accounts, he said.
The initial cost of the legal assistance will not exceed $10,000.
"As I have said before, Nevada's ESAs are designed to reform our educational system by empowering parents with real choices to best meet their children's educational needs," Laxalt said. "As a parent, I empathize with the thousands of Nevada parents who want clarity on whether they will be allowed, as the Legislature intended, to have genuine school choice.
"By retaining Mr. Clement and the Bancroft firm to assist with this matter, I aim, consistent with court procedure and this case's complexity, to see that Nevada's parents get the clarity and choice they seek as soon as practically possible," he said.
Sandoval earlier this month asked Laxalt to use all resources available to seek an expedited hearing on the lawsuit filed by the American Civil Liberties Union of Nevada challenging the legislation that establishes the program in Nevada.
"More than three thousand Nevada families have applied for an Education Savings Account in order to take control of their child's future in education," Sandoval said in a statement. "It is clear that parents want the freedom to choose the best school to meet the needs of their students. The uncertainty and legal gridlock created by this lawsuit will significantly impact student success."
The ACLU lawsuit argues that the Nevada Constitution strictly prohibits any use of public funds for a sectarian, or religious, purpose. The national organization, its Nevada chapter and the advocacy group Americans United for Separation of Church and State plan to ask a Clark County District Court judge to temporarily halt the state's implementation of ESAs.
A second legal challenge to the program has been filed by several Carson City parents.
The program was approved by the 2015 Legislature.
Contact Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801
