Legislative Council v. Knowles

During a special session, the Alaska legislature overrode Governor Tony Knowless veto of a bill that it had passed in regular session. The governor sued the Legislative Council, claiming that the legislatures override vote was untimely and did not affect his veto. The superior court agreed, declaring the override vote invalid and the veto effective. The Council argues that the Alaska Constitution barred the governor from filing this suit and that the superior court thus erred in deciding the governors claim on its merits. We conclude that the Councils argument has merit. Though formally filed in the governors name against the Council, this suit is in substance an action brought in the name of the state against the legislature. Because article III, section 16 of the Alaska Constitution expressly forbids such actions, we vacate the judgment and direct the superior court to dismiss the action.