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Rush v. Ray

362 N.W.2d 479 (Iowa 1988)

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Rush v. Ray

Supreme Court of Iowa

362 N.W.2d 479 (Iowa 1988)

Facts

The Iowa legislature passed five appropriations bills, which all contained a provision that prohibited Governor Robert Ray (defendant) from transferring unused funds to other state departments, despite § 8.39 of the Iowa Code. Governor Ray used an item-veto power to disapprove each of those provisions. State Senator Robert Rush (plaintiff) sued Governor Ray, alleging that Governor Ray did not have the power to veto those provisions, because the provisions did not qualify as distinct, severable items. The trial court ruled in favor of Governor Ray, and Senator Rush appealed to the Supreme Court of Iowa.

Rule of Law

Issue

Holding and Reasoning (Schultz, J.)

Dissent (Harris, J.)

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