Ninetieth Minnesota State Senate v. Dayton

After the Governor, on May 30, 2017, vetoed line-item appropriations to the Legislature for its biennial budget, the Legislature commenced this action arguing that the line-item veto power cannot be used over the appropriations to itself without violating the Separation of Powers clause. The Governor argued in response that the line-item veto power is expressly conferred on the Executive under Minn. Const. IV, 23. The district court agreed with the Legislature, concluding that the line-item vetoes were unconstitutional under Minn. Const. art. III. The Supreme Court reversed in part and vacated and remanded in part, holding (1) the line-item vetoes did not violate article IV, section 23; (2) the line-item vetoes did not violate Article III by effectively abolishing the Legislature; and (3) this court declined to decide whether those vetoes nonetheless violated Article III as unconstitutionally coercive because the parties failed to resolve their dispute throughout the legislative process contemplated by the Constitution. View "Ninetieth Minnesota State Senate v. Dayton" on Justia Law