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BREWER v. BURNS

No. CV-09-0168-SA.

213 P.3d 671 (2009)

Janice K. BREWER, Governor of the State of Arizona, in her official capacity, Petitioner, v. Robert BURNS, individually and as President, Arizona State Senate; Kirk Adams, individually and as Speaker, Arizona House of Representatives; The Arizona State Senate; the Arizona House of Representatives; and Charmion Billington, individually and as Secretary of the Arizona State Senate, Respondents.

Supreme Court of Arizona, En Banc.

August 13, 2009.

Attorney(s) appearing for the Case

Office of the Governor by Joseph A. Kanefield, General Counsel Vanessa Hickman, Deputy General Counsel, Phoenix, Attorneys for Janice K. Brewer.

Cantelme & Brown, P.L.C. By David J. Cantelme, D. Aaron Brown, Paul R. Neil, Samuel Saks, Phoenix, Attorneys for Robert Burns, Kirk Adams, the Arizona House of Representatives, the Arizona State Senate, and Charmion Billington.

OPINION

BALES, Justice.

¶ 1 Because Arizona's constitution directs that "[e]very measure when finally passed shall be presented to the governor for [her] approval or disapproval," art. 4, pt. 2, § 12, this Court ruled on June 23, 2009, that the Respondents (collectively, the "Legislature") cannot pass bills and then withhold them to prevent the Governor from exercising her power to approve or veto legislation. Given the unusual circumstances of...

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