Appellate court backs Arnold Schwarzenegger on line-item vetoes

L.A. Times
By Shane Goldmacher
March 2, 2010

California's governor had used the power last summer to cut about $500 million from child welfare, state parks, AIDS treatment and other programs. Plaintiffs argued he had overstepped his legal rights.

Reporting from Sacramento - A California appeals court sided Tuesday with Gov. Arnold Schwarzenegger in a fight with state lawmakers over his line-item veto authority.

Last summer, Schwarzenegger cut about $500 million from a state spending plan passed by the Legislature, saying it was not balanced.

Advocacy groups, supported by legislative leaders, filed a lawsuit arguing that the governor had overstepped his legal rights.

The 1st District Court of Appeal ruled for Schwarzenegger, saying his vetoes affecting child welfare, state parks, AIDS treatment and other programs were legal.

Senate President Pro Tem Darrell Steinberg (D-Sacramento) and former Assembly Speaker Karen Bass (D-Los Angeles) had told the judges that Schwarzenegger did not have the right to use his line-item veto because the legislation they passed cut an existing budget.

They said the governor can use that veto only when a budget is originally approved.

"This argument amounts to little more than wordplay," the court ruled.

The Schwarzenegger administration welcomed the decision.

"Because the Legislature failed to send the governor a balanced budget after months of debate last year, the governor was forced to make these difficult cuts," said Schwarzenegger spokeswoman Rachel Arrezola.

"We applaud the court in upholding the governor's authority to veto appropriations."

Steinberg, who has filed a related lawsuit which has yet to be heard by a trial court, said "I am deeply concerned about the unprecedented amount of power today's ruling gives to this and future governors."

shane.goldmacher@latimes.com

http://www.latimes.com/news/local/la-me ... 3780.story