Connecticut courts are bracing themselves for another stupid political lawsuit.
Politicians were 0 for every case they brought in CT’s courts during last year’s election season. The bench couldn’t have sent a stronger message – it does not want to hear political issues.
I don’t think the case is even ripe. The legislature has not actually voted on implementer legislation. What they passed earlier this week was the first step in the process. This current suit may very well go the way of Dean v. Jepsen and be dismissed.
Ignoring the question as to whether or not the budget is constitutional, my question is so what. So what if the group wins? The Court is not going to write a budget – it can’t. Like it or not, writing the budget is the legislature’s job.
West Virgina’s Supreme Court dealt with a similar lawsuit in 1988. Their Supreme Court found the budget to be unconstitutional. Here’s what they did:
We do not today order the Governor to do any act. We do not today order the Legislature to do any act. The law presumes the Governor to know his duty when faced with an unconstitutional budget. The law presumes the Legislature to know its duty too.
They may have well have written “elections have consequences. if you don’t like the budget, vote them out”.
If it ever gets there, and I don’t think it will, expect the CT Supreme Court to reach the same conclusion.
Look for the Court to dismiss this suit as either a political question or on ripeness grounds.
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