AUGUSTA, Maine — Maine’s high court ruled against a group of Republicans, saying Tuesday that they were not legally able to challenge Gov. Janet Mills’ move to call legislators into a special session to pass a Democratic budget.
The lawsuit challenging the 2023 budget maneuver in the Democratic-controlled Legislature came last spring from Respect Maine members Michelle Tucker and William Clardy, a former House candidate from Augusta, along with Republican state Reps. Randall Greenwood of Wales and Shelley Rudnicki of Fairfield.
It was rejected by a lower court in October, leading the plaintiffs to appeal to the Maine Supreme Judicial Court. The high court affirmed that ruling albeit on different grounds on Tuesday, saying in a 19-page decision that the group of Republicans lacked standing to challenge the move.
The lawsuit claimed Mills, Senate President Troy Jackson, D-Allagash, and House Speaker Rachel Talbot Ross, D-Portland, colluded to pass a partisan budget, adjourn the Legislature in March 2023 so it could take effect without two-thirds support ahead of the start of the next fiscal year on July 1 and then call a special session to finish other work for the year.
In doing so, Democrats flexed their majorities to set aside the consensus process that has mostly characterized state budgeting for 15 years. Republicans had demanded a $200 million tax cut as part of the overall plan.
The plaintiffs argued the Maine Constitution required Mills to have an “extraordinary occasion” to call a special session but such an occasion did not exist in 2023. However, Assistant Attorney General Kimberly Patwardhan argued before the high court in May that Maine’s governor has the authority to determine what makes for an extraordinary session.
The Republicans who challenged Mills’ decision said they had been harmed as taxpayers, citizens and voters in part because they were subject to laws illegally passed by the Legislature during the special session. But the high court rejected that out of hand because the laws equally apply to all Mainers.
“They demonstrate no direct or personal interest, different from that of the general public, in the special session called by the Governor or in the legislation passed during it,” the court ruled of the plaintiffs.
BDN writer Michael Shepherd contributed to this report.
