Supreme Weekly: Governors in the courts
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July 14, 2011
by: Katy Farrell
Governors are often the center of attention. Lately a few have been getting press for a less desirable reason: lawsuits. Constituents in three states find their executives being sued by residents, legislators and even judges. This week we'll look at these recent cases.
New Mexico
The most extensive example of state lawsuits are those brought against Governor Susana Martinez in New Mexico. In late June, the New Mexico Supreme Court found in favor of the four state legislators that challenged the governor's use of a line-item veto. The court ruled unanimously that she had exceeded her authority in decreasing the appropriation for a state housing program.[1]
Another lawsuit against Martinez, filed by six legislators, is still pending in the court. This is also regarding a veto, though this one is allegedly illegal because it did not contain any appropriations. This veto eliminated a $128 million tax on small businesses. The revenue was to fund the state's unemployment benefits fund.[2]
This is fifth lawsuit Governor Martinez has faced since her election in November 2010. In each case, the Supreme Court has ruled against Martinez every time. The most notable was a challenge by a collection of labor unions that disagreed with the governor's authority to fire members of the Public Employee Labor Relations Board.[3][4]
Florida
In Florida, Governor Rick Scott is being challenged over an executive order he signed into effect following his inauguration in January. The order put a freeze on over 900 rules, which then needed to be approved by the governor's office before taking effect. The suit was filed in the Florida Supreme Court in April by a blind woman whose access to food stamps was impeded by the freeze.[5]
The suit alleges that Scott's creation of the Office of Fiscal Accountability and Regulatory Reform usurps the constitutional authority of the Florida State Legislature to make rules. The particular rule the resident is challenging has since been approved, but the high court allowed the suit to proceed. A result is still pending.[6]
New Jersey
We may be jumping the gun by including the expected lawsuit against New Jersey Governor Chris Christie in this article. One, it has not technically been filed yet, and two, it is expected to be filed in a Hudson County court. However, the judges bringing suit are already discussing the suit ending up in the New Jersey Supreme Court before the end of the year.
Many tenured judges are expected to file the suit later this month, according to a memo from Judge Melvin Gelade. The judges hope to get an injunction blocking changes to the pension and benefits plan implemented by Governor Christie's administration.[7]
See also
Footnotes
- ↑ The Daily Times, "Court invalidates veto of reduced housing money," June 22, 2011 (dead link)
- ↑ New Mexico Independent, "Six legislators sue Martinez over veto powers," June 20, 2011
- ↑ Democracy for New Mexico Blog, "NM Supreme Court Rules Susana Martinez Illegally Dismantled Labor Board," April 13, 2011
- ↑ Clearly New Mexico Blog, "Martinez loses another Supreme Court case," June 23, 2011
- ↑ Miami Herald, "Scott's rule-freezing order sparks legal fight," April 1, 2011 (dead link)
- ↑ Tampabay.com, "Florida Supreme Court hears arguments in lawsuit challenging Gov. Rick Scott," June 30, 2011
- ↑ NJBIZ, "Up to 80 N.J. judges plan suit against Christie over cutbacks," July 5, 2011
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