UPDATE: The Accidental Governor sues her own GOP Legislature

Posted by AzBlueMeanie:

The Accidental Governor ignored my sound advice from yesterday to launch a preemptive strike by sending her veto message of the GOP budget to the Legislature to break this childish standoff. Instead, she opted to waste taxpayer money and risk unnecessary delay at this criticial time to pursue litigation against her own GOP Legislature. Cat Fight!!! (Hissss! Rowwwr!)

Brewer is asking the state Supreme Court to order the Legislature to send her the 2010 budget bills so that she may sign or veto them. The 55-page filing names as defendants the full House and Senate, and specifically cites House Speaker Kirk Adams, R-Mesa, Senate President Bob Burns, R-Peoria, and Secretary of the Senate Charmion Billington. Gov. Brewer sues over delay in sending budget bills

(Democrats should move to be dismissed as parties. They did not vote for this budget and played no role in its drafting. Democrats are to be held harmless. GOP legislators own this turkey of a budget and are the only responsible parties.)

Brewer asked for – and the Supreme Court granted – an expedited review of the case. Legislative counsel has until 5 p.m. Friday to respond to claims made by the Governor's Office.

Oral arguments are scheduled for 10 a.m. Tuesday, and the court is expected to determine at that point whether it will take the case.

"I think if the court decides to do something with it, I think we need to have our day in court," Burns said. He did not say whether he would comply if the court ruled in Brewer's favor. Brewer takes budget fight to Arizona's high court

The Arizona Supreme Court must first decide whether it will accept jurisdiction. As I explained yesterday, this dispute is a "political question" involving the separation of powers between the legislative and executive branches. The judiciary traditionally refrains from deciding political questions. Even if it were inclined to order the Legislature to transmit the budget to the Governor, the only result would be that the Governor would use her veto stamp… assuming that the Legislature complied with the Court's order.

In any event, the earliest the Supreme Court will rule (on the jursidictional question) is next Tuesday, June 23. I anticipate the Court will decline to accept jurisdiction (the Arizona State Bar Convention begins that Wednesday and the Justices are frequently panel members – they have prior commitments). This will leave only one week to go on the countdown to government shutdown clock. Tick, tock, tick tock…