Nixon Supreme Court Case

| March 20, 2013
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Governor Jay Nixon and Missouri State Auditor Tom Schweich are facing each other in the Missouri Supreme Court.  The case was originally filed in Cole County in 2011.  Schweich claims Nixon overstepped his authority when he announced withholding $172 million from the state budget to pay for disaster relief.   The judge ruled:

It is Therefore Ordered, Adjudged and Decreed that the Plaintiff is not entitled to either the declaratory injunctive relief prayed for as to the authority of the Governor to control the rate of expenditures or to withhold and reduce expenditures below their appropriations during any time where actual revenues are less than the revenue estimates. It is Further Ordered, Adjudged and Decreed that the Plaintiff is entitled a declaratory judgment that the Governor may not increase expenditures for any line item in excess of the amount appropriated based upon the “E” designation. It is Yet Further Ordered, Adjudged and Decreed that the Governor instruct the Commissioner of Administration to certify no warrant for payment if same would cause the expenditures to exceed the appropriation authorizing the same without regard to the “E” designation. It is Finally Ordered, Adjudged and Decreed that the order to the Governor set forth in the immediately preceding paragraph be and is hereby stayed pending the exhaustion of any appeals of this judgment.

Schweich is the Plaintiff and Nixon is the Defendant.  A full summary can be found here.

Both parties filed appeals after a judgement was entered.  Oral arguments were heard in the Supreme Court earlier this month.

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