Legislators File Amicus Brief to Support New Hampshire New Education Choice Law

Rep. William O’Brien (R-Mont Vernon) announced today that he is filing a friend-of–the-court brief as local counsel for the Pacific Legal Foundation on behalf of seven present and former legislators in the Stafford County case of Duncan, et al v. the State of New Hampshire

In order to protect union-dominated public education, in the Duncan case plaintiffs seek to deny children from low and moderate-income families the opportunity to receive private scholarships funded by education tax credits. Those scholarships would be paid by businesses to go to elementary and high schools chosen by the students and their parents. 

Included among the legislators named on the brief are Senators Jim Forsythe, Fenton Groen and Andy Sanborn, and Representatives Mike Balboni, Greg Hill, William O’Brien and Pam Tucker. These legislators comprise the prime legislators who supported, drafted and debated the Education Tax Credit Program last term. The Pacific Legal Foundation is one of the nation’s oldest and most successful non-profit, pro-liberty legal organizations. Joshua Thompson, an attorney with Pacific Legal, explained that the group represents the legislators without charge.  

Rep. O’Brien was quoted as saying, “It is our intent as present and former legislators who worked so hard for this law to make clear for the court that part of the plaintiffs’ argument against the law – that we supported the law to support religious schools – is simply not true.  It has no more relevancy or validity than if that argument had been brought against Congress 65 years ago to oppose another education scholarship opportunity program, the GI Bill, just because some funds might go to religiously founded schools. Our educational system is too often failing our children. Giving families of limited means the choice to find the best education for their children, directly benefits them and through competition, will improve public education in New Hampshire.”

It is anticipated that the Duncan case will reach the New Hampshire Supreme Court and these legislators will continue their efforts in the case to promote freedom of educational choices for New Hampshire families.


William O’Brien is a state representative from Mont Vernon, serving his fourth term in the New Hampshire House, and a licensed attorney in New Hampshire and Massachusetts

Pacific Legal Foundation is a nonprofit, tax-exempt legal foundation organized to provide a voice in the courts for mainstream Americans who believe in limited government, private property rights, individual freedom and free enterprise.  It has offices in four states and is headquartered at 930 G Street, Sacramento, California 95814; website http://www.pacificlegal.org/home ; blog:http://blog.pacificlegal.org/ .