GOP lawmakers have appealed a circuit judge’s opinion on HB 84 to the Alabama Supreme Court.

Within hours of a decision blocking transmission of a controversial school bill to the Governor, Republican lawmakers Thursday afternoon filed a notice of appeal to the Alabama Supreme Court.

The appeal asks the court to consider whether Montgomery County Circuit Judge Charles Price erred in issuing a temporary restraining order blocking Gov. Robert Bentley from signing HB 84, a one-time school flexibility bill that was heavily rewritten by Republican lawmakers to include tax credits for students in failing schools.  The tax credits could be claimed for students who transfer to non-failing public schools or private schools.

In deciding the suit, brought by the Alabama Education Association, Price, a Democrat, ruled that Republican lawmakers violated the Joint Rules of Legislature and the Alabama Constitution in rewriting the bill.  Section 61 of the state Constitution prohibits legislation from being altered beyond its original purpose.

The notice to the Alabama Supreme Court asks the nine justices of the court — all Republicans — to decide whether Price erred in prohibiting the transmission of the bill to Bentley for signature.

House Speaker Mike Hubbard, R-Auburn, did not have comment Thursday evening.  Earlier in the day, Hubbard’s office called Price’s decision “ridiculous unconstitutional overreach.”  A spokesman for the Alabama Education Association said the group would have no comment.

– posted by Brian Lyman