Madilyn Short, Riley Von Borstel, Kjrsten Schindler, and Jay-Mark Pascua v. State of Alaska, Office of Management &…

Summary

The Alaska Supreme Court affirmed the superior court’s summary‑judgment ruling that the Higher Education Investment Fund (HEIF) is subject to the Constitutional Budget Reserve “sweep.” The Court applied its prior decision in Hickel v. Cowper, holding that the HEIF is “available for appropriation” under Article IX, §17(b) and that the same definition governs §17(d). The Court declined to overrule Cowper and found no separation‑of‑powers violation.