Silver v. Pataki

Summary

The New York Court of Appeals considered whether Sheldon Silver, as a member and Speaker of the New York State Assembly, had capacity and standing to challenge the Governor's line-item vetoes of provisions in non-appropriation budget bills. The court held that Silver had capacity and standing to sue as an Assembly member because the alleged vetoes nullified the effectiveness of his legislative vote, but lacked special authority to sue as Speaker on behalf of the Assembly. The court modified the Appellate Division's order to permit the action insofar as it was brought in Silver's capacity as an Assembly member.

Holdings

1. An individual Member of the Assembly has capacity to maintain an action to vindicate the effectiveness of his vote when he alleges that executive conduct unlawfully usurped or nullified that vote.
2. The Speaker of the Assembly lacks special authority to maintain the action on behalf of the Assembly absent constitutional, statutory, or Assembly authorization.
3. An Assembly Member who voted with the majority in favor of budget legislation has standing to challenge an allegedly unconstitutional veto that nullified the effectiveness of his vote.
4. The availability of a legislative procedure to override the Governor's veto does not negate the legislator's injury in fact or defeat standing to challenge an allegedly unconstitutional veto.

Questions Presented

1. Whether an individual Member of the New York State Assembly has legal capacity to sue to vindicate the effectiveness of his vote when the Governor allegedly acts unconstitutionally to nullify that vote.
2. Whether an individual Assembly Member has standing based on an alleged injury in fact resulting from unconstitutional nullification of his vote.
3. Whether the Speaker of the Assembly has inherent authority to sue on behalf of the Assembly without an Assembly resolution or other authorization.
4. Whether the existence of a legislative override procedure defeats standing.

Disposition

affirmed