State of Alaska, Office of the Governor Mike Dunleavy, in an official capacity v. the Alaska Legislative Council, on…

Summary

The Alaska Supreme Court reversed the superior court’s summary‑judgment ruling, holding that Alaska Statute 39.05.080(3) and the legislature’s amendment H.B. 309, which deem legislative inaction on gubernatorial appointments tantamount to a declination of confirmation, violate Article III, §§ 25‑26 of the Alaska Constitution because the Constitution requires a joint‑session vote for both confirmation and rejection. The Court based its decision on a plain‑text analysis of the constitutional provisions and the framers’ intent.