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7/15/2003

Nevada Supreme Court Goes Nuts - II

Nevada Supreme Court Goes Nuts - II

A great commentary on the Nevada Supreme Court's ordering a tax increase. Read on.

Nevada's Judicial Dice-Throwers

In a state that has given us the quickie divorce, legalized prostitution and gambling, you'd think it would be hard to raise eyebrows. But compared to their Supreme Court, Nevada's sin industries are looking downright respectable. In a landmark 6-to-1 ruling Thursday, Nevada's justices came up with a real doozy: Essentially they ordered state legislators to violate the state constitution they have sworn to uphold.

That's the real meaning of their ruling that a Nevada constitutional amendment requiring a two-thirds majority in both state houses for any tax hike was trumped by another constitutional requirement that the state fund public education. The dubious reasoning here was that while the education requirement was 'substantive' and 'specific,' the supermajority requirement for a tax increase was merely 'procedural' and 'general.'