Ninetieth Minnesota State Senate v. Dayton

DISSENT

I agree, that, in the absence of an appropriation, a judicial order that authorizes funding for the Legislative Branch is unconstitutional, I also agree that the plain language of Article IV, Section 23 of the Minnesota Constitution gives a governor textual authority to lineritem veto appropriations for the Legislature. But I conclude that this is. not the occasion for judicial. restraint and that the Governor’s line-item vetoes of the appropriations passed by the Legislature to fund the House and Senate violate Article III of the Minnesota Constitution. I .would hold, therefore, that…