Town of Brookline v. Governor

Although I join in the court’s substantive interpretation of the relevant statutes, I write separately because I believe it may be appropriate to comment on some issues not fully discussed by the court.

The plaintiffs contend that:

1. The Governor’s withholding of $210,000,000 of Chapter 70 aid appropriated for fiscal year 1990 is an invasion of the General Court’s authority to appropriate funds for a specific purpose;

2. If G. L. c. 29, § 9C (1988 ed.), authorizes the Governor’s action, the statute constitutes an unconstitutional delegation of the legislative power to appropriate, and a…