Governor v. Nevada State Legislature, 119 Nev. 277

Summary

The Supreme Court of Nevada considered a mandamus petition arising from the Legislature's failure to fund public education and enact a balanced budget during Nevada's 2003 budget crisis. The court held that the constitutional two-thirds voting requirement for revenue measures yielded to the specific constitutional mandate to fund public education and directed the Legislature to proceed under simple-majority rule. The court denied relief against the individual legislators and Lieutenant Governor.

Holdings

1. Mandamus intervention was appropriate because the Legislature had failed through a regular session and two special sessions to fund public education and balance the budget, and no plain, speedy, and adequate remedy existed in the ordinary course of law.
2. When the general procedural requirement that revenue measures pass by a two-thirds majority prevents fulfillment of the specific substantive constitutional mandate to fund public education, the two-thirds requirement must yield to the education-funding mandate.
3. Mandamus relief could issue against the Legislature as a body to require it to fund public education and balance the budget, but could not issue against the Lieutenant Governor or individual legislators to compel particular votes or discretionary legislative acts.

Questions Presented

1. Whether the Supreme Court of Nevada could intervene through mandamus to enforce the Legislature's constitutional duties to fund public education and maintain a balanced budget.
2. Whether the constitutional two-thirds supermajority requirement for revenue-raising legislation must yield to the specific constitutional mandate requiring the Legislature to fund public education when the provisions cannot otherwise be reconciled.
3. Whether mandamus relief could properly be issued against the Legislature as a body while being denied against individual legislators and the Lieutenant Governor.

Disposition

writ_granted