(Nevada) High court rules on Nevada tax, budget impasse (Legislates from the bench)

Reno Gazette Journal ^ | 7/10/2003 02:20 pm | AP

[Atlas Sneezed]

The Nevada Supreme Court ruled Thursday against a constitutional requirement for a two-thirds'majority vote on taxes, saying it must give way to another constitutional mandate to adequately fund public education.

The surprise 6-1 decision favors Republican Gov. Kenny Guinn's request for an order that the lawmakers end their impasse over taxes and the state budget that has persisted since the June 2 end of the regular session and through two ensuing special sessions.

[Atlas Sneezed]

Funny how they over rule the voter-enacted Constitutional provision limiting tax increases, on the preposterous basis that the ONLY way to "adequately" fund education is to massively raise taxes.

I would say that education spending could be CUT (not massively increased) and still be "adequate."

The law says that provisions should be read in a way that makes the harmonize consistently. Both provisions of the Constitution can be upheld as long as we don't interpret "adequate" to mean "whatever the leftists in the teachers' unions desire."

There has been no finding of fact that a cut budget would be "inadequate", yet this doesn't stop these leftist judges from fabricating what they need to keep their patrons happy.

I guess the casinos will always have a "house advantage".

[steveegg]

Now the courts are declaring parts of Constitutions un-Constitutional. What's worse is that it's at the behest of a RINO.

[Support Free Republic]

Any way I can talk you into making a donation?? Thanks if you will!

[steveegg]

Does Nevada elect their Supreme Court Justices? If so, may I suggest that you guys find 6 people to oust the idiots that introduced the concept of invalidating a Consititution from a bench that is under said Constitution (and at the same time, find somebody to oust the RINO in the next governor primary).

[microgood]

Lately it seems like the Judges of America are attempting a hostile takeover of this country. Hope the legislature ignores this ruling and tells those judges to stuff it.

[taxcontrol]

If I were the Nevada assembly, I would print a message that basicly said "Supreame Court has made a statement that caries not weight as the Assembly is the ONLY branch that can establish Taxs - in short, mind your own business."

[1FreeAmerican]

Nevada has no state income tax and resonable property taxes- when they need more money it will most likely come from gambling and prostitution

[Atlas Sneezed]

Not much money comes from prostitution. Casions are the big source, and they must own the judges, since they are the ones that want to have "new" taxes, meaning that the other businesses will suffer the burden of massive budget increases.

[roderick]

First Florida, then New Jersey, then SCOTUS, now Nevada. Funny how a stinkin' lawyer becomes a philosopher-king and above reproach once he dons the black robes.

[Atlas Sneezed]

Our anti-tax friend speaker Lynn Hettrick has emailed me:

"The court just struck down the 2/3 requirement. There is little we can do."

[roderick]

Would like to see the governor announce that the Nevada Supreme Court has acted illegally in trying to legislate taxes.

It would be about time. The judiciary is not superior to the other branches, only more insulated and prone to abuse of power.

The law is too important to be left to lawyers!

[B Knotts]

At what point are rakes and pitchforks justified?

[PISANO]

Not likely since HE is the RINO that wants to raise taxes.

[Riverman94610]

Watch Davis try to pull the same stunt here in California!

[larlaw]

An outrageous violation of seperation of powers...Speaker Hettrick and the Assembly Republicans should bring suit in federal court and ask for an injunction, though I doubt they will.

One more step in the Californication of Nevada.

[bgierhart]

please let lynn Hettrick that we still stand behind him and the other 16 so called "holdout"

[goldstategop]

The Nevada Supreme Court's ruling is unconstitutional. But hail the liberal judicial masters of Nevada and bend the knee and bow before them! The RINO Kenny Guinn and his gang got their tax increases imposed by judicial fiat and are well on the way to turning the Silver State into another California. So much for respecting what the Nevada State Constitution actually says - it means only what RINOs and Democrats wanr it to mean.

[Atlas Sneezed]

Please tell Mr. Hettrick yourself how you support him.

lhettrick@asm.state.nv.us