Yesterday, the MSJ hearing was held.
From the comments section of the Tribble v. Board of Education
facbook page, I wrote and asked: "Was anyone there? Did anyone get a "feel" as to how the Judge was leaning?
There was this reply:
There were about 40 people in attendance. It's hard to say how the judge was leaning because both sides were asked pointed questions by him. The Defendants were asked the lion's share of those questions so perhaps the judge is being more ...skeptical of the Defendants than he is of the Plaintiff. Given that the judge did articulate the Plaintiff's interpretation of Brickey and Art 1 section 11 when he asked a question of the Defendants, the judge is seemingly leaning towards the Plaintiff on the Idaho Constitutional issue. It's hard to tell where he stands on the federal issue or the waiver defense.
Let's hope that this is a good sign. We will know, when the Judge issues his opinion.