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As a candidate he railed against inadequate funding for Pennsylvania schools, making his top priority the same as the top priority of voters. As Governor, Tom Wolf may be overlooking a vital tool that could help him achieve his goals.

In addition to inheriting PA’s longstanding public education quagmire from the previous administration, Gov. Wolf also received a lawsuit from school districts (including William Penn District) and families that also names the Legislature for failing to provide a “thorough and efficient” education system. It originally named Gov. Corbett, but that’s what happens when you unseat an incumbent.

The suit had been dismissed by the Commonwealth Court in April 2015 based on precedent that the courts do not have a role in school funding. As more and more parties rallied behind the suit, the plaintiffs pressed on, asserting the case was worth a listen. This summer, the state Supreme Court agreed to hear their appeal and set a date and venue to hear the first phase of oral arguments: September 13, Philadelphia.

In this first phase the Justices will determine whether the suit is indeed a matter for the court to rule on. As we explained last week, much has changed since those earlier decisions, especially in regards to new evaluation tools that the court previously lacked.

Until just recently, the Governor’s take on the responsibilities of the state and the role of the court in this matter seemed unambiguous. In 2015, he vetoed a school funding bill because, “simply stated, it fails to meet our constitutionally required obligation of providing a thorough and efficient system of education.”

In a June interview with Radio Times’ Marty Moss-Coane, Gov. Wolf signaled his support of the case, saying the state constitution describes a ‘thorough and efficient’ education system “…and I think the William Penn suit is questioning whether or not we’re delivering on that, I kind of agree that we’re not, but the courts will have to rule on that.”

But just two months later, the Governor appears to have changed his tune and now opposes the involvement of the court in the case brought by fair funding voices. Typically, this is the default response of the Executive Branch when facing this kind of court action. However, though named as a defendant, he could choose to side with the plaintiffs and offer no defense.

We have seen the Governor make his pitch in his budget address and we’ve seen the Legislature ignore the state’s chief executive and even defy him outright, leaving him battered and bloodied.

If real change is truly what the Governor is after and the prospects to bring about that change remain bleak, the pragmatist within Gov. Wolf ought to be tempted to change his current legal posture and side with the plaintiffs instead of fighting against them. It would be an inspiring act of leadership and a powerful declaration that the rule of law must prevail.

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