The Kentucky legislature passed a bill that allows the creation of a foundation by private individuals to set up a scholarship fund for lower-income school children who need better options in education. Kentucky’s education establishment is opposed to the measure, and they’ve taken it to court. Judge Phillip Shepherd recently heard oral arguments in defense of the new law and didn’t seem favorable. Shepherd said, “There’s going to be a small subset of kids in Kentucky who will get the advantage of this and the rest of the kids in Kentucky are going to be excluded.” The problem is, Shepherd is a judge, not a lawmaker. Setting policy is the role of the legislature, not judges. Attorney General Daniel Cameron is defending the school choice law. The ruling is expected to be handed down before Oct. 11.