Victory for Crowe & Dunlevy Client Governor Henry

Oklahoma Supreme Court upholds Governor’s use of line item veto

in victory for Crowe & Dunlevy client

OKLAHOMA CITY – The Supreme Court of Oklahoma upheld Governor Brad Henry’s use of a line item veto to strike certain sections of legislation that place conditions or restrictions on previously appropriated funds in a ruling on Jan. 26, 2010. Governor Henry was represented by the Oklahoma law firm of Crowe & Dunlevy.

– The Supreme Court of Oklahoma upheld Governor Brad Henry’s use of a line item veto to strike certain sections of legislation that place conditions or restrictions on previously appropriated funds in a ruling on Jan. 26, 2010. Governor Henry was represented by the Oklahoma law firm of Crowe & Dunlevy.

The 5-4 Court ruling was in response to lawsuits filed by Senate President Pro Tempore Glenn Coffee and House Speaker Chris Benge on Feb. 25, 2009. The lawsuits sought clarification on the Governor’s authority to use a line item veto to strike certain sections of legislation that affect agency budgets.

The Court’s opinion states that the Governor, as part of the state’s checks and balances system, has the authority to veto pieces of legislation that affect how state funds are paid. Attorneys for the legislators argued that the Governor only had the power to veto portions of appropriation bills.

"We are extremely satisfied to see this legal battle end in a victory for our client, supporting the Governor’s right to utilize a line-item veto in legislation related to budgetary matters," said lead attorney D. Kent Meyers, Crowe & Dunlevy director. Joining Meyers on the case were Harvey D. Ellis, Jr. and Mary H. "Molly" Tolbert, also Crowe & Dunlevy directors.

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