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Bd. of Trustees of The N.D. Public Employees' Retirement System v. N.D.

Docket No. 20230158
Oral Argument: Wednesday, June 28, 2023 10:00 AM

Docket Info

Title
Board of Trustees of The North Dakota Public
Employees' Retirement System, Petitioner
v.
North Dakota Legislative Assembly, Respondent
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF INJUNCTION (Civil)
Appeal From
Case No.
2023 ND 185996 N.W.2d 873
Oral Argument 6/28/2023

Highlight

The supreme court invokes its original jurisdiction only in cases publici juris and those affecting the sovereignty of the state, its franchises and prerogatives, or the liberties of its people. The supreme court has exercised original jurisdiction in cases where the separation of coequal branches of government and their respective authority have been challenged.

Constitutional provisions are generally given their plain, ordinary, and commonly understood meaning. The overriding objective is to give effect to the intent and purpose of the people adopting the constitutional provision. The intent and purpose of constitutional provisions are to be determined, if possible, from the language itself.

Under North Dakota Constitution Article IV, § 13, “[n]o bill may embrace more than one subject, which must be expressed in its title.” When a bill embraces multiple subjects, all of which are expressed in its title, the whole bill is void due to the manifest impossibility of choosing which parts of the bill are valid and which are void. A court’s attempt to choose between the provisions would improperly inject it into the Legislature’s domain.


Briefs

Filing Date Description
06/01/2023 PETITION FILED View
06/19/2023 RESPONDENT BRIEF View

Counsel

Party Type Name
PETITIONER PRIVATE PRACTICE Not Licensed in ND - 00002
PETITIONER PRIVATE PRACTICE Not Licensed in ND - 00002
PETITIONER PRIVATE PRACTICE Not Licensed in ND - 00002
PETITIONER SPEC. ASST. ATTY. GEN. Elizabeth Anne Elsberry - 06286
PETITIONER SPEC. ASST. ATTY. GEN. Christopher Eric Rausch - 06277
RESPONDENT ATT. GENERAL OFFICE Philip J. Axt - 09585

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

Seq. # Filing Date Description Attachment
1 06/01/2023 PETITION FILED View
2 06/01/2023 Exhibits View
3 06/01/2023 MOTION FOR PRELIMINARY INJUNCTION View
4 06/01/2023 MOTION FOR PRO HAC VICE ADMISSION OF ROBERT D. KLAUSNER View
5 06/01/2023 MOTION FOR PRO HAC VICE ADMISSION OF LINDSEY M. GARBER View
6 06/01/2023 MOTION FOR PRO HAC VICE ADMISSION OF SEAN M. SENDRA View
7 06/05/2023 Notice of Appearance of Philip Axt on behalf of North Dakota Legislative Assembly View
8 06/05/2023 RESPONDENT'S RESPONSE IN OPPOSITION TO PETITIONER'S MOTION FOR PRELIMINARY INJUNCTION View
9 06/06/2023 ACTION BY CLERK - PRO HAC VICE ADMISSION OF ROBERT D. KLAUSNER - Granted
10 06/06/2023 ACTION BY CLERK - PRO HAC VICE ADMISSION OF LINDSEY M. GARBER - Granted
11 06/06/2023 ACTION BY CLERK - PRO HAC VICE ADMISSION OF SEAN M. SENDRA - Granted
12 06/06/2023 PETITIONER’S REQUEST TO FILE REPLY MEMORANDUM View
13 06/07/2023 ACTION BY SUPREME COURT (MOTION TO FILE REPLY BRIEF TO MOT FOR PRELIM. INJ.) - Granted
14 06/07/2023 Reply filed to Motion for Preliminary Injunction View
15 06/08/2023 RESPONDENT BRIEF DUE : 06/19/2023
16 06/08/2023 NOTICE OF ORAL ARGUMENT SENT
17 06/10/2023 ACTION BY SUPREME COURT (Motion for Preliminary Injunction) - Denied View
18 06/13/2023 Rec'd 4 copies of PTF from Central Duplicating
19 06/13/2023 Rec'd 2 copies of Exhibits from Central Duplicating
20 06/19/2023 RESPONDENT BRIEF View
21 06/19/2023 Exhibits View
22 06/26/2023 ANNOUNCED DISQUALIFICATION : Bahr, Douglas Alan
23 06/26/2023 Rec'd 3 copies of RPB from Central Duplicating
24 06/26/2023 SITTING WITH THE COURT : Lee, Gary H.
25 06/26/2023 Rec'd Respondent's Brief Exhibits from Central Duplicating
26 06/28/2023 APPEARANCES: Christopher E. Rausch, Elizabeth A. Elsberry & Robert D. Klausner,
27 06/28/2023 Philip J. Axt and Drew Wrigley
28 06/28/2023 ARGUED: Robert D. Klausner and Philip J. Axt
29 06/28/2023 ORAL ARGUMENT WEBCAST
30 07/17/2023 MOTION TO SUPPLEMENT THE RECORD View
31 07/20/2023 Response Filed to Motion to Supplement the Record View
32 08/01/2023 Motion to Supplement the Record To Be Considered With the Merits
33 09/28/2023 DISPOSITION
34 09/28/2023 SPLIT OPINION : Crothers, Daniel John View
35 09/28/2023 CONCURRING SPECIALLY : Jensen, Jon J.
36 09/28/2023 CONCURRING SPECIALLY : McEvers, Lisa K. Fair
37 09/28/2023 JOINING IN THE CONCURRING SPECIALLY : Lee, Gary H.
38 09/28/2023 ACTION BY SUPREME COURT (Motion to Supplement the Record) - Denied
39 09/29/2023 MOTION FOR CLARIFICATION/STAY BY NORTH DAKOTA LEG. ASSEMBLY (response due by 4:00 p.m. 10/6/23) - RspDue : 10/06/2023 View
40 10/06/2023 Response Filed to Motion View
41 10/11/2023 MOTION FOR LEAVE TO FILE REPLY BRIEF TO MOTION BY LEGISLATIVE ASSEMBLY View
42 10/11/2023 Reply Filed to Motion View
43 10/12/2023 ACTION BY SUPREME COURT (MOTION FOR LEAVE TO FILE REPLY BRIEF) - Granted
44 10/12/2023 ACTION BY SUPREME COURT (granted/pt and denied/pt - motion for clairification and motion for stay) - Granted
45 10/12/2023 OPINION ON MOTION View
46 10/12/2023 Corrected/Substitute Opinion Page (pg 23, para 44, ln 6, "or" changed to "of")
47 10/12/2023 Judgment View
48 01/05/2024 Corrected Opinion Page - Page 36, Paragraph 73, Line 8 and includes citation , 64 P.3d at 550.