The Speaker and the Governor are going to war again. Mississippi Speaker of the House Phillip Gunn and his main Butterbar Jason White sued Governor Tate Reeves yesterday in Hinds County Chancery Court in an effort to overturn several so-called line item vetoes.
The Legislature passed several appropriations bills. The Governor vetoed part of these bills. Predictably, the Gunn and his Butterbars didn't like that too much as they argued in the petition:
Also on the night of July 8, 2020, Governor Reeves signed a message to the Mississippi House ofThey argued the Governor has no authority to partially veto an appropriations bill and that he can only approve or veto the bill as a whole.
Representatives, purporting partially to approve and partially to disapprove H.B. 1782, the urgent
public health appropriations bill. Governor Reeves asserted that his action was authorized by the provision of §73 of the Mississippi Constitution of 1890. A true and accurate copy of that message is attached as Exhibit "E" and incorporated by reference. An edited copy of H.B. 1782, reflecting red strike-through marks to indicate language disapproved by Governor Reeves, is attached as Exhibit "F" and incorporated by reference.
In a series of cases dating from immediately after the adoption of the current Mississippi Constitution and continuing into the twenty-first century, the Mississippi Supreme Court has made clear that efforts at line item vetoes such as Governor Reeves's with respect to H.B. 1700 and H.B. 1782 are nullities - of no legal effect. Because neither H.B. 1700 nor H.B. 1782 was returned to the House of Representatives either approved or disapproved by Governor Reeves within the five day time period required by the Constitution, both bills became law without his approval, pursuant to §72, Miss. Const. (1890).
The case is assigned to Chancellor Tiffany Grove. Attorney Andrew Taggart represents the Butterbars.
Kingfish note: Hmmm..... so whose idea was this stunt? Gunn wouldn't have come up with this one all on his own nor pushed it through on his own.
Oh, want some inside baseball on a different matter? Check out this language that State Senator John Polk got stuffed into every agency budget bill in conference committee:
Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, or 38realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report.This has wreaked havoc in every agency. Elected officials such as the Attorney General and Insurance Commissioner are subject to this language. It even applies to agencies run by autonomous boards such as the State Department of Health, PERS, and Department of Mental Health.
What happened was Mr. Polk, known as one of the more petty members of the Legislature, tried to get this language passed as a separate bill. The bill died in committee. He threw one of his well-known hissy-fits and managed to get it stuffed into every agency budget bill in conference committee. Conference committee is where the real dirty is shoveled out of sight. By the time the conference bill appears on the website, the bill would already be heading to the Governor for his signature. No one even knew this language was in the bills until long after the fact. Same as the beef plant.
51 comments:
While I think Reeves is an idiot, Gunn is worse. Not a fan of either.
As a lifelong Republican I am disgusted with the direction these two morons have taken the Republican Party. They both need to go.
As far as Taggart, well, he is nothing but a big leftest liberal trying to stay relevant.
Because of all three of their actions I’ll be voting Democrat in all state elections from here on out.
I don’t like the dem’s platform, but at least they tell me EXACTLY what they want to do and do t lie about that.
So Kingfish which side has the legal grounds on their side?
Polk is a jackass. I hope jackasses everywhere will forgive me for offending them.
Butterbar?
So the Speaker and his buttboy have filed suit - is that because they don't have the votes in the House to override the Governor's veto? Obviously since Gunn and Hosemann have called the legislature back into session for Monday when, if as they are trying to claim now they could fix this so-called 'mistake' made in the Education bill and the veto wouldn't matter.
Of course the truth is that this was not a mistake, it was the result of intense lobbying by Nancy Loome and the teacher's union that doesn't like the fact that some teachers get paid more than others, a form of merit pay which is something that they have fought against for decades. Gunn had to give this tidbit to the democratic members of the House (as he did the Criminal Reform bill and lots of directed dollars to AA groups) in order to get the black caucus to join his effort to take the CARES Act billions from the Governor's control.
What's interesting is that the Senate (i.e. Hosemann) is not a part of this lawsuit - in fact, declined to participate. And everyone at first thought that was where the rub was going to be this year, between Hosemann's ego and desire to be Governor and Reeves. Now it appears that Gunn's ego, being pushed forward by the actual leader of the House, Trey Lamar, is where the divide geographically shown by High Street on the North and Amite Street on the South actually is the strongest.
Don't know how this lawsuit will turn out in court, but Reeves definitely won the PR battle by exposing the $2 million 'gift' to Trey Lamar's county for a closed hospital that was supposed to be used to cover COVID expenses, not the sale of a closed facility --- and the exposure of Hosemann and Gunn selling out the teacher's bonus pay for high performing schools.
Lesson to be learned here for some (i.e. Senator David Blount) - do what Trump needs to learn to do, shut down your social media activities. Quit bragging on Twitter how the Democrats got the Republicans to cave and shut down the teacher bonus program - it makes it harder for Chairman Richard Bennett, Hosemann, and Gunn to claim that it was 'just a mistake' and that we 'can fix our mistake in January.
What, pray tell, is a "Butterbar"?
Is this the same Andy Taggart that just a few years back publicly defended Governor Barbour's right to utilize line item veto authority????
9:57. I'm a complete jackass, and I am not offended in the least.
Line-item vetos have been used before, but it's usually against an agency that fears repercussions if they do anything, so they just take it. The best I can recall, the Legislature has to go out of their way to create the bill in a way that allows for a line-item veto and that is only done when everyone wants it to be dropped, but the Legislature wants deniability.
Good work, KF. Thank you.
These guys are fiddling while the government disintegrates. Noted that the Dept of Employment Security is forcing those who get the $245 per week to report three job contacts each week. This is an impossible hurdle for most applicants. There are damn few jobs in the rural areas and the few jobs that are available often require skills that the applicant may not have. The MDES is pulling one more of its stunts to keep applicants from accessing the scanty payment. Gunn and Reeves are pulling the Republican party into the sewer. There are a lot of 9:55s out there.
If the lawsuit says the veto was unconstitutional then they contend it didn’t happen and the bill is now law as it was past the deadline for veto. I guess that means the legislature won’t try to over ride the veto. Because if they did, that would be an admission that the veto actually happened.
That’s it, 9:55!
The DRMs will tell u straight out that they’ll turn the US into Venezuela and so you’ll vote for that???
Noooo, you’re no Republican nor have you ever been! Now who’s the liar ?
Well, the reason they are elected officials, is just this, they all are too spineless to work together like the rest of us in the private sector do day in and day out. Bunch of self serving, yellow bellied spineless _________!!!
Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, or 38realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report.
I'm not a lawyer. Can someone put this in plain english for me?
It appears the Guv wants total control (ie. Fordice) and is line stepping . At least Gunn has some balls !
I wanna be guvner or I'll take my ball home speakuh Gunn and his lapdogs(Lamar,White, etc) have totally went left of the true Republicans. Greed and Power has caused them to lose their minds.I have always been a Tater hater(never ever voted for him) but dang he's right in vetoing this budget mess and payoffs to buddies
This is why one party controlling everything is a bad idea. I hope the Democrats can take back the House, at a minimum. Gunn needs to go. He’s drunk with power and low in intellect.
If anyone can lose this it’s Andy.
Food fight
Gunn had a chance to run for gov and he chickened out. Funny how all of a sudden he grew a spine
10:00 and 10:16
Butter bar is a term used for Lieutenant. The insignia for a 2nd LT is a single golden bar, looks like a stick of butter. Hence butter bar.
Good ole low information voters (95% of MS). I love it here!
10:30 -get a grip. This requirement of MS Employment Security has been a requirement forever. Since March, someone receiving unemployment benefits did not have to 'search' for a job - the requirement was waived.
But its now August - and just because you want to keep sitting on your duff and drawing a check doesn't mean you get to do it without at least some effort. You have to at least make an attempt to find a job - and that has been the rule for decades and decades except for the past four months. They aren't being mean, or cruel, or unreasonable. They are enforcing the law as it is written, and for the benefit of those who have to pay for those free dollars you want to continue receiving.
A butter bar, for you civilians out there, is the common name given to a second lieutenant in the Army, by virtue of the fact that the upinsignia fir that rank is a gold colored bar. Kingfish is saying the butter bars are Gunn’s lieutenants. You’re welcome.
@1:40
Thanks. Now can you please explain who "Jody" is? As well as tell us what POGS are?
Does anybody know if trey Lamar is set to get an “agent fee” when he represents the buyer on this fake hospital? That’s the rumor I’ve heard...
@107 - Gunn is trying to grow a spine because he (1) failed to get considered to be appointed to the US Senate seat that went to Hyde-Smith, (2) he failed to be seriously considered despite his campaign to be the Dean of the OM Law School, (3) he failed to be considered to be the Dean of the Jackson School of Law --- or was it the President of MC, I get confused with his various attempts at a real job, and (4) after traveling to his alma mater the folks at Baylor weren't interested in him either.
Guess he figured he needed to grow a spine here; but in doing so it created a tap and all the spinal fluid has transferred to Rep Lamar
" Gunn is worse."
Much worse.
If Andy Gipson would take off that damn "Hoss Cartright" ten gallon hat and quit using that folksie drawl,
he would appear as the most level headed of all our elected officials.
Plus . . . his cheeks don't turn red like a college freshman taking their first shot of Jagermeister at a college party.
And the winners once again************ lawyers! Well we have to spend the virus money somewhere.
10:43, I’ve voted for nothing by the the Republican ticket my entire life.
I’ll always vote Republican in all national elections, but with the lies that state Republicans have told and they way they have acted on the flag issue has pushed me to not necessarily vote “for” democrats, but AGAINST Republicans in Mississippi.
Reeves, Gunn, Harkins, Hosemann and the rest have no backbone.
" that rank is a gold colored bar."
It's always puzzled me how a lower rank has gold bars.
But what do I know ? I'm a civilian.
" 10:30 -get a grip. This requirement of MS Employment Security has been a requirement forever."
So true 1:38 !
I predicted these people would scream the loudest once the regular rules were reinstated.
Their vacation is over.
What's so damn hard about writing down where one looked for work during the last week ?
@1:52
Jody is the name of the person your significant other is banging when your deployed, at the police academy, basic training, BUDs, Q-course, joining the French Foreign Legion or whatever you're doing except them. Your buddies are always quick to remind you Jody is taking up your slack.
POGs = People Other than Grunts (non infantry)
Blue Falcon - buddy F#*ker. Someone that will stabs you in the back, while probably smiling claiming it's not them.
The last one was for good measure.
Thanks for covering this Kingfish, these are the kinds of details that voters need to be aware of but most news stations would never touch. @9:55 You're a lifelong republican but since they lied about something you're going to vote straight ticket democrat because democrats don't lie? Nice try. In the words of your favorite Uncle Joe, C'mon man, c'mon.
So what is the old hospital that has been closed they want to give money to?
Polk is as crooked as his good friend Feel Bryant. Once all of the MCEC stuff filters out, will Feel and his posse be exposed for the fraud they have tried to mastermind? Polk is a trust fund baby who has watched Country Meat Packers grow exponentially over his family brand while he is out playing crooked crusader for Feel Bryant.
Didn't Kirk Fordice try this in his first term and was shot down....Same thing new year
I also wondered what a 'butterbarr' is. Never heard that term. Maybe Kingfish picked it up in the speak-easies down to Nawlins.
The insignia for a 2nd LT is a single golden bar, looks like a stick of butter. Hence butter bar.
Except it's silver.
" Hosemann "
Now that guy is worthy of an entirely different thread.
(Especially if the thread focuses on current Mississippi RINOS) .
355 - its what was the Tate County Hospital. It closed in 2018; the board of supervisors (of which Rep Trey Lamar's father is the attorney) is trying to sell it. Supposedly there is a group that is in discussions to buy it (managed by none other than Quentin Whitwell) but in addition to getting the hospital the county has to sweeten the pot with $2 million in cash.
So - where does one get an easy $2 mil? Now that the legislature took over the spending of the billion dollars in federal CARES Act money, they have another piggy bank they can rob for their pet projects. Giving money to all the OPEN AND OPERATING hospitals around the state to help them cover the extra expenses they have incurred dealing with the COVID, why not give some to the board of supervisors (not a hospital, but who's looking at details) so that they can give it to the 'purchasers'? Seems like an easy fix and logical - if you use legislator logic for your thinking mode.
Now young Lamar is trying to claim that the $2 million will be for expenses that the new owners WILL incur if and when they buy the facility and since other hospitals got money why shouldn't his? Of course that ignores the fact that the hospital did not incur any expenses, and that this $2 million was not for COVID expenses but enable the county to sell their albatros.
Somebody asked if young Lamar was going to get a finders fee off this deal - I would bet no, but the 'legal fees' that will be paid to the board attorney, Lamar Sr., will probably be substantially increased.
Section 73 of the Mississippi Constitution states.....
SECTION 73. Veto of parts of appropriations bill.
The Governor may veto parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.
I’m not a lawyer but this sure sounds to me like the governor is right, not Gunn
For those criticizing Gunn and Taggart, your comments are misguided at a minimum. Gunn has a solid basis for his position. Taggart is an excellent lawyer.
Tater loses this one and is put in his place. They have been waiting 8 long years to do it.
11:05: The Supreme Court has apparently held on three different occasions that Section 73 must be interpreted and deemed to be limited within the context of Section 69, which provides that “omnibus” appropriations bills are not permitted. Not sure what they’ll rule this time (the facts of every case are different), but the weight of constitutional precedent appears to be on the side of the Legislature, not the Governor.
7:00
Agreed after the hand grenades TR has been throwing, a loss will make him a one termer.
It’s time for Reeves, Hosemann and Gunn to go!! We need leadership in the legislature, not infighting, wasting money and time. All three of these are as lost as a ball in high weeds and have accomplished absolutely nothing for the State of Mississippi in eight months! Please get out of the way before you get run over!!!
Gunn is the absolute worst. He hasn’t done a single beneficial thing for the state of Mississippi.
I need some help. Our society is divided by the financial elite (those who require no social, health or educational services from the government) and the financial under class (those who are or have family members on disability, social security, public education, drug rehab, food stamp, medicare and medicaid). Now why do those in the underclass put in power (vote) for those in the financial elite class. How can those two classes have the same needs or policy requirements.Why do the financial under class vote against their own self interest. Just curious.
2:14. Facebook and Fox News is about 80% of it.
4:37 - Your comprehension of the post to which you replied is deficient. How can Facebook and Fox News possibly be responsible for an 'under class voting against their own self interest'? Please back up and try again. I could help you, but won't.
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