A dispute between Maine Gov. Paul LePage (R) and state legislators over his veto power will have its day in court later this month, with the state Supreme Court announcing it will be hearing oral arguments on the matter.
Responding to Friday’s request from LePage for its opinion, the state Supreme Court opted to fast-track the measure, The Portland Press Herald reported Monday. The court is asking for an initial round of briefs by this Friday, according to an order posted Monday afternoon, and has scheduled oral arguments for July 31.
The stand-off started earlier this month when LePage failed to act on 19 bills within the 10 days lawmakers said he had to veto them. LePage argued that legislators had taken the type of formal break, known as an adjournment sine die, that allowed him to wait for them to reconvene before returning the vetoed bills for their consideration. Lawmakers say when they had left the state capital in late June, it was an informal recess and since they had plans to return last week, LePage ran out of time. Maine’s Attorney General Janet Mills, a Democrat, agreed with them in an opinion issued at the request of Republican and Democratic lawmakers
LePage, refusing to concede to their interpretation of Maine’s constitution, sat on another 50 or so bills. When lawmakers reconvened last Thursday, he attempted to return the legislation, 65 bills in all, only to be refused by the leaders of the Democratic-controlled House and Republican-controlled Senate who said the bills had become law.
Why do I think that some LePage staffer is waking up at 3:00 am in a cold sweat, with some regularity?
Someone must have told LePage he could do this - someone who doesn’t know squat about the laws of the State of Maine.
What is the makeup of the Maine Supreme Court? Majority conservative? If so, they’ll find a way to save his bacon.
The Court should be able to make a ruling on this without briefs – Jeeez – Or is there a certain protocol for this ??
( not a lawyer )
According to wikipedia, the seven members of the court consists of 2 LePage appointees, 3 from Gov. Baldacci (a Democrat), and 2 by Angus King (who knows what he is from day to day). It’s rather hard to say how this would shake out due to the wildcard of Angus King appointees.
Looking from afar, I’d be more confident than that. Near the end of the actual piece it says this:
So there are at least some senior, reasonable Republicans who believe the laws are valid. That gives the judges plenty of wriggle-room to say that the laws are valid even if they are La Page appointees. Depends if the judges consider themselves primarily (1) Tea-Partiers (2) Republicans or (3) Independent Law-interpreters.
As long as they feel (2) or (3) is more important, then even the La Page appointees might agree with the Assembly rather than the Governor.
This isn’t a straight Dem V Rep battle. There’s plenty of Reps who think La Page has botched this too.