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N.D. Legislative Assembly, et al. v. Burgum

Docket No. 20170436
Oral Argument: Monday, March 19, 2018 9:30 AM

Docket Info

Title
North Dakota Legislative Assembly, Senator
Ray Holmberg, Representative Al Carlson,
Senator Rich Wardner, Senator Joan Heckaman,
and Representative Corey Mock, Petitioners and Cross-Respondents
v.
North Dakota Governor Doug Burgum, Respondent and Cross-Petitioner
and
North Dakota Attorney General Wayne K.
Stenehjem, Cross-Petitioner
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF MANDAMUS (Civil)
Appeal From
Case No.
2018 ND 189916 N.W.2d 83
Oral Argument 3/19/2018

Highlight

The Governor cannot withdraw a veto or otherwise concede it was ineffective.
An "item" in an appropriation bill may be vetoed in its entirety, but it may not be reduced or scaled. If the "item" is an appropriation included in a larger subdivision or otherwise aggregated into a larger appropriation, the effect of an item veto is to subtract the item from the larger total. The Governor may strike words or numbers in a bill, but he may not insert them.
The Legislative Assembly may not insulate an item from veto by including it within a larger appropriation, funding that larger appropriation from multiple special funds, or failing to identify the funding source for the item. In the context of a legislative appropriation, the Legislative Assembly must specify (1) the amount, (2) the object or purpose for which the amount is authorized, and (3) the fund from which the amount is set apart.
The item veto power does not authorize the Governor to veto any part of a statement of legislative intent.

Briefs

Filing Date Description
01/12/2018 RESPONDENT BRIEF Filed to Petition/Brief in Support of Cross Petition w/ addendum View
02/12/2018 REPLY BRIEF & BRIEF IN OPPOSITION TO CROSS-PETITION WITH ADDENDUM (PDF) View
02/26/2018 CROSS-PETITIONERS' REPLY BRIEF (PDF) View

Counsel

Party Type Name
PETITIONER PRIVATE PRACTICE Randall Joseph Bakke - 03898
PETITIONER PRIVATE PRACTICE Shawn Arlin Grinolds - 05407
RESPONDENT ATT. GENERAL OFFICE James Edward Nicolai - 04789
RESPONDENT ATT. GENERAL OFFICE Wayne K Stenehjem - 03442

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 12/08/2017 PETITION FILED w/ addendum View
2 12/08/2017 E-FILED PETITION
3 12/08/2017 Rec'd e-filing surcharge for petition (receipt #25802)
4 01/12/2018 CROSS-PETITION FILED View
5 01/12/2018 RESPONDENT BRIEF Filed to Petition/Brief in Support of Cross Petition w/ addendum View
6 01/18/2018 MOTION to file a consolidated brief in reply to Governor's brief in opposition to Petition and in
7 01/18/2018 response to Cross-Petition and allow 10,000 words
8 01/18/2018 E-FILED MOTION
9 01/18/2018 ACTION BY CHIEF JUSTICE - Granted
10 02/12/2018 REPLY BRIEF & BRIEF IN OPPOSITION TO CROSS-PETITION WITH ADDENDUM (PDF) View
11 02/12/2018 E-FILED BRIEF (PDF)
12 02/13/2018 Rec'd 6 copies of RYB from CSD
13 02/21/2018 NOTICE OF ORAL ARGUMENT SENT
14 02/21/2018 Request for Radio/TV Coverage: KFYR-TV, KXMB-TV, Prairie Pub. Radio, The Bis. Tribune & Forum Comm.
15 02/21/2018 ACTION BY CHIEF DEPUTY CLERK - Granted
16 02/26/2018 CROSS-PETITIONERS' REPLY BRIEF (PDF) View
17 02/26/2018 DISK (RYB) (e-mailed)
18 03/19/2018 APPEARANCES: Shawn Grinolds & Randall Bakke/AG Stenehjem, James Nicolai, Governor Doug Burgum
19 03/19/2018 ARGUED: Grinolds/W. Stenehjem
20 03/19/2018 ORAL ARGUMENT WEBCAST
21 03/20/2018 Letter from Respondent/Cross Petitioner under 28(k)
22 03/27/2018 Letter from Petitioner/Cross Respondent under 28(k)
23 07/30/2018 DISPOSITION (AND GRANTING THE CROSS-PETITION)
24 07/30/2018 SPLIT OPINION : Tufte, Jerod E. View
25 07/30/2018 CONCURRING AND DISSENTING : VandeWalle, Gerald W.
26 07/30/2018 CONCURRING AND DISSENTING : Crothers, Daniel John
27 07/30/2018 JOINING IN CONCURRING AND DISSENTING : McEvers, Lisa K. Fair
28 07/30/2018 JOINING IN CONCURRING AND DISSENTING : VandeWalle, Gerald W.