To conclude, the court holds that Governor Dayton improperly used his line-item veto authority to gain a repeal or modification of unrelated policy legislation by effectively eliminating a co-equal branch of government. Therefore, under the unique and limited circumstances of this case, the Governor’s line-item veto of the Legislature’s appropriations offended the Separation of Powers clause of the Minnesota Constitution. They are null and void
Judge John H. Guthmann
On Wednesday July 20, I called in to Justice & Drew to discuss the Minnesota Legislature’s district court victory over Governor Mark Dayton regarding his line-item veto of the Legislature’s funding. You can listen to our discussion here. To read Judge John H. Guthmann’s very well written and well reasoned opinion, click here.
Also, please be sure to check out our earlier discussions about this case from the June 14 and June 27 shows. I have included links to the original complaint and Judge Guthmann’s prior order in this case in the prior posts.
To hear my prior appearances as the “Lawyer Extraordinaire” on Justice & Drew on other hot topics, click here.