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DUNLEAVY v. ALASKA LEGISLATIVE COUNCIL

Supreme Court No. S-18003.

498 P.3d 608 (2021)

State of Alaska, Office of the Governor, Governor Mike DUNLEAVY, in an official capacity, Appellant, v. The ALASKA LEGISLATIVE COUNCIL, on behalf of The Alaska State Legislature, Appellee.

Supreme Court of Alaska.

November 12, 2021.

Attorney(s) appearing for the Case

Margaret Paton Walsh , Assistant Attorney General, Anchorage, Janell Hafner , William E. Milks , Assistant Attorneys General, and Treg R. Taylor , Attorney General, Juneau, for Appellant.

Megan A. Wallace , Hilary Martin , and Marie Y. Marx , Alaska State Legislature, Legislative Affairs Agency, Division of Legal and Research Services, Juneau, for Appellee.

Before: Winfree, Maassen, Carney, and Borghesan, Justices, and Fabe, Senior Justice. [Bolger, Chief Justice, not participating.]

OPINION

I. INTRODUCTION

Under the Alaska Constitution, many executive positions subject to appointment by the governor — including agency heads and members of boards and commissions — require legislative confirmation. This case concerns the effect of the Alaska Legislature's failure to exercise...

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