The Kentucky Supreme Court recently ruled against a lower state court’s decision that allowed Republican Gov. Matt Bevin to limit public college funding without the permission of the state legislature. Fortunately, the change will result in the release of a previously withheld sum of $18 million to Kentucky universities.
In response to the ruling reversal, the governor’s press secretary released a statement which argued that the withheld $18 million comprise just 0.27 percent of Kentucky university expenditures, and that the money would help solve the state’s $35 billion underfunded pension liability. While Bevin claims the decision to reappropriate public education funding was well-intentioned, subjecting state university budgeting to the whims of a governor sets a bad precedent.
A checks and balances system limits executive power by providing representatives an opportunity to conduct more rigorous reviews of policy changes. Given that politically charged controversies often arise in higher education, granting a single governor the power to withhold state funding over a disagreement in political beliefs is a dangerous path to follow. One could easily imagine a situation in which a governor may disagree with a professor’s views on climate science and then withdraw state funding. Consider the controversy that ensued when former Virginia Attorney General Ken Cuccinelli demanded global warming research files from former University professor Michael Mann. Were Cuccinelli to have won the 2013 gubernatorial election, he could have been in a position to defund the University over its practices — something the Kentucky decision forbids. This type of situation would be easier to avoid if a state legislature approves changes to the planned budgeting process than if a single governor makes the choice.
While Bevin’s team argues the budget cuts are insignificant, we can’t lose sight of the fact that 0.27 percent of state university expenditures still represents millions of dollars at some institutions. Bevin tried to cut nearly $6 million from the University of Kentucky and nearly $3 million from the University of Louisville. This was likely a preview of more cuts to come.
Kentucky’s Supreme Court made the right ruling last week. Bevin’s withholding of state funds further politicizes higher education instead of addressing the real financial challenges these institutions and their students face.
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