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MORENCY v. DEPT. OF EDUC.

No. 81281.

496 P.3d 584 (2021)

137 Nev. Adv. Opn. 63

Flor MORENCY; Keysha Newell; Bonnie Ybarra; AAA Scholarship Foundation, Inc.; Sklar Williams PLLC; and Environmental Design Group, LLC, Appellants, v. The State of Nevada DEPARTMENT OF EDUCATION; Jhone Ebert, in Her Official Capacity as State Superintendent of Public Instruction; the State of Nevada Department of Taxation; James Devolld, Sharon Rigby, Craig Witt, George P. Kelesis, Ann Bersi, Randy Brown, Francine Lipman, and Anthony Wren, in Their Official Capacities as Members of the Nevada Tax Commission; Melanie Young, in Her Official Capacity as the Executive Director and Chief Administrative Officer of the Department of Taxation; and The Legislature of the State of Nevada, Respondents.

Supreme Court of Nevada.

Filed October 7, 2021.

Attorney(s) appearing for the Case

Institute for Justice and Joshua A. House , Arlington, Virginia, and Robert Gall , Austin, Texas; Saltzman Mugan Dushoff and Matthew T. Dushoff , Las Vegas, for Appellants.

Aaron D. Ford , Attorney General, and Craig A. Newby , Deputy Solicitor General, Carson City, for Respondents the State of Nevada Department of Education; Jhone Ebert, in her official capacity as State Superintendent of Public Instruction; the State of Nevada Department of Taxation; James DeVolld, Sharon Rigby, Craig Witt, George P. Kelesis, Ann Bersi, Randy Brown, Francine Lipman, and Anthony Wren, in their official capacities as members of the Nevada Tax Commission; and Melanie Young, in her official capacity as the Executive Director and Chief Administrative Officer of the Department of Taxation.

Legislative Counsel Bureau Legal Division and Kevin C. Powers , General Counsel, Carson City, for Respondent the Legislature of the State of Nevada.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

Under the supermajority voting provision set forth in Article 4, Section 18(2) of the Nevada Constitution, at least two-thirds of the members' votes in each house of the Nevada Legislature are required to pass any bill "which creates, generates, or increases any public revenue in any form, including...

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