RUSH v. RAY

No. 83-1191.

362 N.W.2d 479 (1985)

Robert R. RUSH, State Senator and Member of the 68th General Assembly of Iowa, Appellant, v. Robert D. RAY, Governor, State of Iowa, Appellee.

Supreme Court of Iowa.

February 13, 1985.


Attorney(s) appearing for the Case

James M. Redmond and Faith O'Reilly of Babich, Bennett & Nickerson, Des Moines, for appellant.

Edgar H. Bittle and Edward W. Remsburg of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Des Moines, for appellee.

Considered en banc.


SCHULTZ, Justice.

In this appeal a legislator challenges the legality of the Governor's action exercising his item veto power. The basic issue is whether use of the governor's item veto power to eliminate a provision in an appropriation bill which prohibits the expenditure or transfer of appropriated funds from one department of state government to another is proper. The trial court held that such a veto is proper. We conclude such a provision is a qualification or...

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