Waste Management Holdings, Inc. v. Gilmore

I am pleased to concur in nearly all of the fine opinion authored by my friend Judge Hamilton. I part company with him solely on the issue concerning the propriety of this suit being maintained against Governor Gilmore, and I respectfully dissent on that point. In determining that the Governor is not a proper party to this action, the majority, in my view, erroneously concludes that “[t]he fact that he has publicly endorsed and defended the *351challenged statutes does not alter our analysis.” Ante, at 331. The majority instead posits that our resolution of this question rests on whether his…