Warrior v. Thompson

I take issue with both the “delegation” and the “equal protection” analysis in the per curiam opinion.

The parties to this lawsuit argued the issue of whether the Emergency Budget Act was an unlawful delegation of legislative power which permitted the Governor to eliminate the Aid to the Medically Indigent (AMI) program at his will and without legislative review. However, I see no reason to confine the statement of my views to whether an unconstitutional delegation occurred here, because the record is bare of any legislative authority for the defendants’ actions in this regard in the Emergency…