Pursuant to his constitutional duty to take care that the laws be faithfully executed, whenever it shall come to the attention of the Governor that any agency charged with the implementation of any act of the Legislature is failing to implement such act, he shall immediately in writing order the agency to commence implementation unless (1) the act shall have been held unconstitutional by final judgment of the Supreme Court, (2) the agency shall have been enjoined from implementation by court order, or (3) an action challenging the constitutionality of the act is pending in a court of competent jurisdiction. He shall furnish a copy of such letter to the Attorney General together with a written order to commence or cause to be commenced an action in a court of competent jurisdiction to compel implementation if the agency has not, within ten working days, commenced implementation. It shall be the duty of the Attorney General to comply with such order.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2006–2024 · leading case:
Kloch v. Kohl, 545 F.3d 603 (8th Cir. 2008).
Kloch v. Kohl, 545 F.3d 603 (8th Cir. 2008).
“See Neb.Rev.Stat. § 84-731. His decision to enforce a law of arguable constitutional validity falls within the ambit of protected official discretion.”
State ex rel. Spung v. Evnen, 317 Neb. 800 (Neb. 2024).
· cites it 2× “I am concerned it will delay, rather than facilitate, prompt judicial resolution of constitutional challenges to statutes, and I think we should either prospectively disapprove of the Van Horn rule, or expressly recognize a corresponding obli- gation to promptly commence an…”
State ex rel. Spung v. Evnen, 317 Neb. 800 (Neb. 2024).
· cites it 2× “I am concerned it will delay, rather than facilitate, prompt judicial resolution of constitutional challenges to statutes, and I think we should either prospectively disapprove of the Van Horn rule, or expressly recognize a corresponding obli- gation to promptly commence an…”
Citizens for Equal Prot. v. John Bruning (8th Cir. 2006).
“Art IV, § 6; -3- Neb. Rev. Stat. § 84-731 . The aforementioned opinion of the Attorney General that a proposed bill would run afoul of § 29 confirms that these broad powers include policing compliance with this constitutional amendment.”
Gregory Kloch v. Jon C. Bruning, etc. (8th Cir. 2008).
“See Neb. Rev. Stat. § 84-731 . His decision to enforce a law of arguable constitutional validity falls within the ambit of protected official discretion.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.