The Nevada Constitution is clear. The budget must be balanced and education funded by the beginning of the next budget cycle. In 2003, the Nevada legislature had failed to meet these constitutional obligations.
As a result, the Governor filed a suit asking the Nevada Supreme Court to order the legislature to comply with the Nevada Constitution. As Attorney General, it was my duty to represent the Governor in that action.
Let's be clear, the suit did not ask for or imply that taxes should be raised or the two-thirds supermajority requirement even be debated. In fact, in testimony before the Assembly, I stated "this office is not going to opine on how you accomplish balancing the budget, only that you must balance the budget by July 1, 2003. How you get there is the business of this body."
The simple truth is that the decision to invalidate the two-third supermajority requirement was made unilaterally by the Nevada Supreme Court. It was a decision I did not agree with then, and I do not agree with today.