Representative Christopher C. RANTS, Individually and as a Member and Speaker of the House of Representatives of the Eightieth General Assembly of the State of Iowa, and as Chairperson of the Iowa Legislative Council, and Senator Stewart E. Iverson, Jr., Individually and as a Member and Majority Leader of the Senate of the Eightieth General Assembly of the State of Iowa, and as Vice-Chairperson of the Iowa Legislative Council, Appellants,
v.
Thomas J. VILSACK, Governor of the State of Iowa, Appellee.
Supreme Court of Iowa.https://leagle.com/images/logo.png
June 16, 2004.
June 16, 2004.
Attorney(s) appearing for the Case
Richard J. Sapp, Paula S. Dierenfeld, John T. Clendenin, and Jordan B. Hansell of Nyemaster, Goode, Voigts, West, Hansell & O'Brien, P.C., Des Moines, for appellants.
Thomas J. Miller, Attorney General, and Julie F. Pottorff, Deputy Attorney General, for appellee.
Paul J. McAndrew, Jr. of Paul McAndrew Law Firm, Coralville, for amici curiae Representative Robert M. Hogg and Senators Jack Hatch and Keith A. Kreiman.
Edward M. Mansfield of Belin Lamson McCormick Zumbach Flynn P.C., Des Moines, for amicus curiae Iowa Association of Business and Industry.
MacDonald Smith of Smith & McElwain, Sioux City, for amicus curiae Iowa Federation of Labor, AFL-CIO.
Nolden Gentry and Thomas J. Levis of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, and Robert J. Henry and G. Gordon Atcheson of Blake & Uhlig, P.A., Kansas City, Kansas, for amicus curiae Iowa State Building & Construction Trades Council.
Bruce L. Braley of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for amicus curiae Iowa Trial Lawyers Association.
Thomas D. Waterman, Stacey L. Hawke, and Wendy S. Meyer of Lane & Waterman, L.L.P., Davenport, for amicus curiae Iowans for Tax Relief.
Lance D. Ehmcke, Joel D. Vos, and Jeana L. Goosmann of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., Sioux City, for amicus curiae National Conference of State Legislatures.
James A. Smith, Des Moines, for amicus curiae Iowa State Education Association.
Supreme Court of Iowa.
CADY, Justice.
In this appeal, we consider whether Governor Thomas J. Vilsack (Governor) properly exercised the item veto power granted Iowa's governor by the Iowa Constitution when he vetoed several sections of an economic development bill passed by the general assembly (Legislature). After carefully scrutinizing the Governor's exercise of the item veto power in this case, we determine that his power was impermissibly exercised because the Governor attempted to veto...
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