The League Takes Action!
The Amendment passed the required Congressional Review Period without action by Congress.
On the advice of the Attorney General, the Mayor and Chief Financial Officer have refused to implement the Act because they believe it violates U.S. law.
A Federal Judge ruled on Monday, May 19, 2014, that the Budget Autonomy Act does violate Federal Law , and, therefore, upheld the Mayor and CFO's actions refusing to implement the Act.
The Council appealed the Judge's ruling. On July 8, 2014, D.C. Appleseed Center for Law and Justice, The League of Women Voters of the D.C., D.C. Vote, D.C. Fiscal Policy Institute and pro bono partners Arent Fox LLP and Lathan & Watkins LLP, filed a brief as Amici Curiae in support of the appellant and reversal. Read the BRIEF
On October 17, 2014, oral arguments were made before a three-judge panel of the US Court of Appeals for the DC Circuit (No. 14-7067). The appeal concerned the decision earlier this year by the US District Court for the District of Columbia determining that the Mayor did not have authority to implement enabling legislation of 2012 pursuant to a prior referendum, even though that legislation had satisfied all requirements for Congressional review.
The two court cases makes very interesting reading, especially in terms of related history and key sections. For those who wish to peruse the Home Rule Act (P.L. 93-198; 87 Stat.774) key parts are as follows: Title III, sections 302 and 303 on legislative power and charter amending procedure, Title IV, D, sections 446, enactment of appropriations by Congress, and Title VI, reservation of Congressional authority.
Before addressing the merits of the case, the panel began with questions about the standing of the parties before the Court, the Court' jurisdiction, and basis for determining injury. The issues are complex. The Court's decision may be announced in one or two months.
U.S. Government Accountability Office Opinion
Attorney General's press release: Federal Judge Rules against Amendment 8
Brief filed by D.C. Appleseed, League of Women Voters of D.C., et al.
Read more on D.C. Appleseed's website
Read more on the DCVote.org website.