GOP loses lawsuit over line-item veto

[Judi Lynn]

GOP loses lawsuit over line-item veto
Use override vote, appeals court tells Perzel, Jubelirer
Friday, August 11, 2006
From staff and wire reports
A state appeals court yesterday threw out a lawsuit filed by top Republican lawmakers against Democratic Gov. Ed Rendell over the way he used the line-item veto.

The Commonwealth Court panel ruled 5-0 against House Speaker John M. Perzel, R-Philadelphia, and Senate President Pro Tempore Robert C. Jubelirer, R-Blair, noting the Pennsylvania Constitution has a mechanism by which a veto can be overridden.

"This is not only the appropriate, but also the sole remedy available," wrote President Judge James Gardner Colins.

Rendell was pleased with the ruling, said his spokeswoman, Kate Philips.
(snip/...)

http://www.pennlive.com/politics/patriotnews/index.ssf?/base/news/1155259558268670.xml&coll=1

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Posted on Fri, Aug. 11, 2006

Pa. court sides with Rendell
It ruled against lawmakers
John Perzel and Robert Jubelirer in a line-item veto lawsuit.
By Mark Scolforo
Associated Press

HARRISBURG - A state court sided with Gov. Rendell yesterday in a dispute over his line-item vetoes, upholding his right to overrule lawmakers who wanted to restrict funding of abortion-related counseling for low-income women.

The Commonwealth Court panel ruled 5-0 against top Republican leaders who accused Rendell, a Democrat, of misusing the line-item veto when he removed certain language in the 2005-06 budget bill.

If the legislature disagrees with such vetoes, it should attempt to override them rather than file a lawsuit, the court said in dismissing the case filed in September by House Speaker John M. Perzel (R., Phila.) and Senate President Pro Tempore Robert C. Jubelirer (R., Blair).

"The governor's powers of disapproval are no less extensive than, and are entirely coexistent with, the General Assembly's power to enact legislation in the first place," wrote President Judge James Gardner Colins.
(snip/...)

http://www.philly.com/mld/inquirer/news/local/states/pennsylvania/counties/chester_county/15246885.htm

[Gman]

1. Now don't Mr. Speaker and Mr. President look stupid

damned activist judges

[rodeodance]

2. the judge said--BE a lawmaker-DON'T come running to the courts!