Decision to Appeal Ruling in Local 8027, AFT-New Hampshire, AFL-CIO, et al. v. NH Department of Education, Commissioner, et al.

Concord, NH – Attorney General John M. Formella announces that the State of New Hampshire has filed an appeal to the United States Court of Appeals for the First Circuit in the matter of Local 8027, AFT-New Hampshire, AFL-CIO, et al. v. NH Department of Education, Commissioner, et al. In this case the trial court declared three New Hampshire statutes, RSA 193;40, RSA 354-A;31, RSA 354-A;32, unconstitutionally vague in violation of the Fourteenth Amendment. The Attorney General’s Office is filing this appeal because it believes the trial court misapplied the vagueness doctrine. The court applied the vagueness doctrine in a way that improperly second guesses the legitimate policy choices made by the State Legislature in setting curriculum within New Hampshire’s public schools. 

“Today’s decision to appeal this misguided ruling underscores our commitment to upholding the right of duly elected legislators to enact carefully considered policy and clarity in our state laws,” said Attorney General Formella. “By appealing this decision, we aim to ensure that our laws are interpreted and applied in a manner that respects both the constitution and the democratic process. This case is not just about legal technicalities; it’s about safeguarding the integrity of our legislative process and ensuring clarity and stability for our educators, students, and communities across New Hampshire.”

While the appeal is pending, the district court’s decision remains in effect and the statutes that were challenged in the case may not be enforced. Accordingly, the Attorney General has provided the attached guidance document to the Department of Education, Commission for Human Rights, and Department of Labor addressing compliance with the district court’s decision pending appeal.

The State’s appeal was filed earlier today, and briefing is expected to occur in the coming months.