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Kathy Seeley
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Dismissing Gov. Schweitzer's suit
In late 2010, District Court Judge Kathy Seeley dismissed a lawsuit Gov. Brian Schweitzer filed against the Legislature in September. Gov. Schweitzer claimed a bill, HP 676, passed in 2009 was unconstitutional because it "limited his veto power.
Sarah J. Elliot, communications director for the governor, said: “We questioned the constitutionality of the bill and the judge didn’t disagree with us on that. The Montana legislature shouldn’t act like Congress and should not send us unconstitutional bills.”
Judge Seeley said, “While (the governor) alleges that the Legislature’s actions in passing HB 676 (in 2009) ‘limited’ his veto power, and his brief in opposition to the motion to dismiss asserts that his ‘constitutional veto power was essentially nullified’ and ‘effectively invalidated’ by the Legislature’s actions, the fact is that his veto power was never in jeopardy. Instead, he chose not to exercise it and not to sign the bill, both of which were legitimate options.”[2]
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