Starr v. Governor, 154 N.H. 174

Summary

The Supreme Court of New Hampshire affirmed dismissal of Darren Starr’s petition for declaratory judgment challenging the enactment of the state’s truth-in-sentencing law during a gubernatorial special legislative session. The court held that the challenge to the legislature’s authority and procedural compliance presented a nonjusticiable political question, and it rejected the petitioner’s state and federal due process claims because public proceedings and hearings provided adequate notice and an opportunity to be heard.

Holdings

1. The New Hampshire Constitution grants the legislature full power and authority to enact laws for the benefit and welfare of the State whenever it is in session, including a special session; the Governor's call does not limit the legislature's legislative response. In any event, the challenge to the legislature's adherence to its procedural rules presents a nonjusticiable political question.
2. The enactment of RSA 651:2, II-e did not violate the due process protections of either the New Hampshire Constitution or the Fourteenth Amendment because the legislative proceedings were open to the public and interested members of the public had notice of and an opportunity to be heard on the amendment.

Questions Presented

1. Whether Starr's challenge to the legislature's authority to enact RSA 651:2, II-e during a gubernatorially called special session presented a nonjusticiable political question.
2. Whether the enactment of RSA 651:2, II-e violated the due process protections of Part I, Article 15 of the New Hampshire Constitution or the Fourteenth Amendment to the United States Constitution.

Disposition

affirmed