94 N.Y.2d 532 (2000)

An individual legislator has standing to sue when alleging that the Governor’s actions unconstitutionally nullified the legislator’s vote.

Summary

The Speaker of the New York State Assembly, Sheldon Silver, sued Governor George Pataki, alleging that the Governor unconstitutionally used his line-item veto power in “non-appropriation” bills. The New York Court of Appeals held that Silver, as a Member of the Assembly, had both the capacity and standing to bring the lawsuit because he alleged the Governor’s actions nullified his vote on the budget legislation. The Court emphasized that legislators must be able to challenge actions that undermine their legislative responsibilities to protect the integrity of the legislative process and the separation of powers.

Facts

Governor Pataki submitted his executive budget to the New York State Legislature. After the Legislature passed appropriation and “non-appropriation” bills, the Governor vetoed several provisions in the appropriation bills and exercised his line-item veto power 55 times on the non-appropriation bills. Speaker Silver argued that the Governor only has the power to line-item veto appropriation bills, not non-appropriation bills, which must be approved or rejected in their entirety.

Procedural History

The Supreme Court denied the Governor’s motion to dismiss. The Appellate Division reversed, holding that Silver lacked capacity and standing. The Court of Appeals reversed the Appellate Division, holding that Silver, as a Member of the Assembly, had the capacity and standing to bring the action.

Issue(s)

Whether a member of the New York State Assembly, either in their individual capacity as a member or in their capacity as Speaker, has the capacity and standing to sue the Governor alleging an unconstitutional use of the veto power that nullifies the legislator’s vote?

Holding

Yes, but only in the capacity as a Member of the Assembly. The Court held that Silver, as a Member of the Assembly, had both capacity and standing because he alleged the Governor’s actions unconstitutionally nullified his vote. No, Silver as Speaker does not have capacity to bring the suit because the Constitution does not give the Speaker representative authority over the body over which he presides, nor has the Assembly passed a resolution expressing its will that the Speaker engage in this litigation.

Court’s Reasoning

The Court reasoned that capacity concerns a litigant’s power to appear and bring a grievance before the court, and that, as a member of the Assembly, Silver is entrusted by the Constitution to exercise legislative power. The Court stated, “[E]xcept as restrained by the constitution, the legislative power is untrammeled and supreme… Nothing is subtracted from the sum of legislative power, except that which is expressly or by necessary implication withdrawn.” The Court found that Silver has the broad power and functional responsibility to consider and vote on legislation, and this responsibility necessarily includes concern for protecting the integrity of one’s votes. The court distinguished this case from cases where legislators simply lost a political battle. The Court cited Coleman v. Miller, 307 U.S. 433 (1939), for the proposition that legislators have standing when their votes have been nullified.

The Court determined Silver “won the legislative battle” but now seeks to uphold that victory against a claimed unconstitutional use of the veto power. The court found such an injury to be within a legislator’s zone of interest. The court stated that its holding confirms that “in limited circumstances, legislators do have capacity and standing to sue when conduct unlawfully interferes with or usurps their duties as legislators.”