At 04:47 PM 7/14/03 -0700, Volokh, Eugene wrote:
(1) Does anyone have any idea of the specific federal change that's
being made here?
(2) I've never heard of any "en banc hearing with all district
judges" before -- can anyone help me out on this? Thanks,
Eugene
http://www.reviewjournal.com/lvrj_home/2003/Jul-14-Mon-2003/news/filing.html
Filing challenges high court ruling
REVIEW-JOURNAL
U.S. District Judge Philip Pro temporarily restrained the action by which
the Nevada Assembly passed a tax bill with less than a two-thirds vote. He
ordered an en banc hearing with all district judges for 9 a.m. Wednesday in
Reno and Las Vegas.
The Assembly voted 26-16 Sunday for a bill that would increase taxes by a
record $788 million over the next two years.
Today, Republican lawmakers, citizens and business groups -- upset with
Thursday's decision by the state Supreme Court rejecting the two-thirds vote
requirement to pass taxes -- filed an action in U.S. District Court seeking
to block the court's ruling.
Assembly Minority Leader Lynn Hettrick, R-Gardnerville, said the federal
action is necessary because the 6-1 Supreme Court ruling allowing only a
simple majority to raise taxes is unconstitutional.
"We don't believe the court's decision that we can ignore the constitution
is legal," he said.
Evan Caminker
Dean-Designate, Associate Dean for Academic Affairs, and Professor
University of Michigan Law School
625 South State Street, Ann Arbor, MI 48109-1215
ph: 734-763-5695; fax: 734-763-7415
