Schweich v. Nixon
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After the Missouri Governor allegedly withheld certain monies from the 2012 fiscal year state budget for the Legislature, the Supreme Court, and the Auditor's office, the state Auditor filed a declaratory judgment action challenging the Governor's authority under the Missouri Constitution to withhold those amounts. The trial court concluded (1) the Governor has discretion to control the rate of expenditures and to withhold or reduce expenditures at any time until the final day of the fiscal year; and (2) the Governor was authorized to increase appropriations based on an estimated, or "E" designation, on the line item. The Supreme Court dismissed the Auditor's claims, holding (1) the Auditor did not have standing to challenge the Governor's authority to withhold funds prior to the end of the fiscal year; (2) the Auditor did not have standing to challenge the "E" appropriations; and (3) the issue of the Governor's authority to withhold a portion of the Auditor's budget was not ripe for adjudication.
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