Mississippi Showdown--Guv v. Mississippi Supreme Court

January 30, 2010
By Robert M. Kisselburgh on January 30, 2010 10:17 AM |

Mississippi Supreme Court tells Governor Barbor--you have no authority to cut our budget

In a constitutional showdown, not quite as large as between the U.S. Supreme Court and Richard Nixon over some secret tape recordings back in the early 70s, the Mississippi Supreme Court issued an order yesterday telling the Governor and others that the Executive Branch did not have the authority to cut the budget of the Mississippi Courts. Chief Justice William Waller, Jr. and the other Supreme Court Justices reminded the Governor there are three equal branches of government. The Court held the Legislature has the duty to fund the Judicial branch and the Executive branch lacks the authority to cut the funds of the Judicial branch. As the Court stated,


"To the extent that State Fiscal Officer interprets Section 27-104-13 to authorize reductions in the judicial branch's budget, we hold that such interpretation is inconsistent with the Constitution of the State of Mississippi. We therefore hold that any funds duly appropriated for the judicial branch of government are not subject to reduction pursuant to Section 27-104-13."

On this round, the Governor overstepped his constitutional power and the Mississippi Supreme Court smacked him down. I think it is safe to assume there were many meetings between the different branches prior to the Court issuing this order. It appears the Governor was not willing to back down, so the Court stepped up.

You can read the full opinion here.

boxing glove.jpg