In re Turner (Per Curiam)Annotate this Case
In this matter concerning the general appropriations bill for the next biennium beginning September 1, 2021 the Supreme Court denied Relators' request for a writ of mandamus asserting that the Governor's veto of the Legislature's appropriation for its own operations threatened the Legislature's ability to operate and therefore violated the constitutional separation of powers, holding that this Court declines to settle a dispute between coequal branches of the government.
The day before the eighty-seventh Legislature adjourned, Democratic members of the House of Representatives prevented passage of pending legislation that they had opposed by leaving the chamber. When the general appropriations bill was presented to the Governor several days later, the Governor vetoed the Legislature's appropriation for its own operations because "[f]unding should not be provided for those who quit their jobs early." In this mandamus proceeding, Relators - the House Democratic Caucus and the majority of Democratic House members - argued that the veto was an attempt to abolish the Legislature in violation of separation of powers principles. The Supreme Court denied relief, holding that this dispute was one between the members of one branch rather than one between the branches, and where the Governor has made funding for continued legislative operations through the end of September, relief in mandamus was not appropriate.