IAP seeks restraining order against Legislature

Monday, July 21, 2003 | 11:02 a.m.

CARSON CITY -- Attorneys for the Independent American Party and other groups say they will ask U.S. District Judge Kent Dawson for a restraining order today to prevent the Legislature from enacting any new or increased taxes without a supermajority.

Joel Hansen, a Las Vegas attorney and the party's chairman, said the decision of the Nevada Supreme Court to allow the Legislature to pass taxes to balance the budget and fund education by a majority vote is "unprecedented and outrageous."

The Independent American Party is joined by the Nevada Republican Liberty Caucus, the Nevada Committee for Full Statehood, Eagle Forum and the Nevada Committee for Immigration Reform in asking the court for a temporary restraining order.

The seven active federal judges in Nevada last week dissolved a temporary restraining order against the Legislature. That case has been appealed to the 9th U.S. Circuit Court of Appeals. The appeals court refused Friday to approve an injunction against the Legislature while it considers the case.

Legislative leaders in Carson City say their goal is getting a two-thirds majority on any tax package. But if they are unsuccessful, they could push through a plan on a majority vote.

Twenty-four Republican legislators plus other industry trade groups filed suit in federal court to prevent the lawmakers from approving taxes without a supermajority. But the court ruled against them last week.

A spokesman for the group said they plan to ask the Nevada Supreme Court this week to reconsider its ruling. But the court rarely grants a rehearing after issuing a decision.

Hansen of the IAP said he hoped Dawson "will recognize that we have no other remedy. We cannot appeal the Nevada Supreme Court opinion, because we were not before the court to argue our case.

"The only recourse we have now is the federal district court, and Judge Dawson should grant this because the federally protected right to vote of all those who voted for the two-thirds majority requirement has been obliterated," said Hansen.

Voters twice approved a constitutional amendment requiring a two-thirds vote on new or higher taxes. The Nevada Supreme Court ruled, however, that in this case the supermajority vote must give way to the constitutional requirement that the public schools be funded.

While the Legislature debates the taxes, the $1.6 billion bill for aid to schools has been held up, creating financial problems for school districts that want to hire teachers for the new term.

As well, a local environmental activist has filed suit against the Nevada Supreme Court, saying that it's decision is an unconstitutional raid on Legislative power.

Robert Hall, president of the Nevada Environmental Coalition, filed his complaint in U.S. District Court last week.

"The Opinion and Writ interfere with the business of the Legislature by supporting the political position of those in the Nevada Legislature who want to substantially increase public revenue without a two-thirds vote of each house," the suit states.

The suit was assigned to Judge Roger Hunt, and asks that the state court's opinion be reversed and that the justices be enjoined from any further enforcement of the opinion.