The North Dakota Supreme Court has struck down a major state government budget bill. That means the Legislature will likely have to reconvene to address funding issues.
“Invalidation of as a whole is required here,” Justice Daniel Crothers wrote, “because we do not know which provisions were primary and which were secondary, or whether the bill would have been enacted absent the presence of any of the many sections.”
Chief Justice Jon Jensen concurred with Crothers, writing separately for a stay of 30 days for the Legislature to respond due to the invalidation’s “far-reaching consequences.” He made clear that the opinion “has ramifications far beyond the issue raised by the Board, and invalidates all of the legislation included within” the budget bill.
“The funding for much of state government is called into question by declaring the legislation invalid — including funds that have already been spent,” McEvers wrote. Republican House Majority Leader Mike Lefor said he hadn’t yet read the court’s opinion but planned to discuss its ramifications with fellow lawmakers and legislative staff to figure out what to do next.
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