Rush v. Ray
Supreme Court of Iowa
362 N.W.2d 479 (1985)
Relevant factsFree
The Iowa legislature passed five appropriations bills, each including a provision barring Governor Robert Ray (defendant) from transferring unused funds to other state departments despite a general statute otherwise allowing such transfers. Governor Ray used his item-veto power to strike each of these no-transfer provisions, and State Senator Robert Rush (plaintiff) sued, arguing the provisions weren't distinct, severable "items" subject to a partial veto. The trial court ruled for Governor Ray, and Senator Rush appealed.
IssueFree
Whether, for purposes of an item veto, an item is a provision that may be taken out of a bill without affecting the bill's other purposes and provisions.