Nevada Industrial Commission v. Reese

Like my brothers Batjer and Zenoff, I reject the rationale espoused by our brothers Mowbray and Thompson. The Nevada Constitution establishes that the doctrine of separation of powers is fundamental to this state’s system of government. City of No. Las Vegas v. Daines, 92 Nev. 292, 550 P.2d 399 (1976); Dunphy v. Sheehan, 92 Nev. 259, 549 P.2d 332 (1976). Thus, I agree that severely circumscribed judicial review, such as here concerned, will violate separation of powers if such limitations are imposed without prior intelligent agreement. However, in my view, the legislative scheme does not, in…