Homan, et al., v. Terry E. Branstead, Governor. IA Line Item Veto
At issue in this appeal was the validity of the Governor's line-item veto of appropriations to the mental health institutes in Mount Pleasant and Clarinda, Iowa.
The supreme court first held that the bill in question was an appropriations bill, for which the line-item veto was appropriate. The plaintiffs next argued that the veto was improper since the institutions had previously been established by the legislature permanently. The court, however, did not reach this issue, since its review of the legislation establishing the institutions concluded that there was no legislative intent to make the institutions permanent.
No. 15-2099 (Iowa Nov. 10, 2016)
Please see the original opinion for the court's exact language.
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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