(RALEIGH) -- Superior Court judge Howard Manning said this week he will not rethink his decision to order North Carolina to provide pre-kindergarten education to all at-risk 4-year-olds. State Rep. Pete Brunstetter said he is disappointed by the judge's decision.

"The short answer is he doesn't have the authority to basically mandate a constitutionally required pre-k program.  That's a province of the legislature," said Brunstetter.

The ruling is a setback for the Republican leadership of the General Assembly, which argues Manning's July ruling will blow a hole in the budget. Republican Senate Leader Phil Berger along with House Speaker Thom Tillis had sought to be allowed to intervene in the case.