Guinn v. Legislature of the State of Nevada
Nevada Supreme Court
71 P.3d 1269 (2003)

- Written by Sean Carroll, JD
Facts
Nevada’s 2004 fiscal year began on July 1, 2003. Despite many attempts, the Nevada state legislature (defendant) failed to approve a balanced budget by the beginning of the fiscal year, violating its duty under the state constitution. This failure resulted in the failure of the legislature to appropriate funding for public education, another of its constitutional duties. Through an amendment approved by ballot initiative, the constitution required that the legislature pass bills that increased public revenues by a two-thirds majority. After the amendment, however, the constitution still required only a simple majority vote for appropriations. The legislature was unable to pass a budget that met the two-thirds threshold. The lack of appropriate funding for public education left schools unfunded for the 2003–04 school year. Kenny Guinn (plaintiff), the governor of Nevada, filed a petition with the Nevada Supreme Court for a writ of mandamus, asking the court to order the legislature to pass a balanced budget that funded public education.
Rule of Law
Issue
Holding and Reasoning (Agosti, C.J.)
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