Democrats ask judge to reconsider suit against Sununu over emergency spending power

Democratic members of the state Legislature are asking a judge to reconsider an April decision that threw out their lawsuit against Gov. Chris Sununu.

In a motion filed Friday in Hillsborough County Superior Court, the Democratic legislators argue the April 22 ruling in which Judge David Anderson wrote they did not have standing to sue the governor was made in a hurry. There were only two days between the time the governor’s attorneys raised the issue of standing and the hearing on the matter, resulting in a “flurry” of filings which made an orderly and complete exposition of the issues virtually impossible, the motion reads.

In normal times, the committee has a role in accepting federal funds. But during the state of emergency declared in response to the coronavirus, Sununu has claimed the authority to distribute federal funds, including over $1.25 billion sent to the state as part of the CARES Act federal stimulus. State Solicitor General Daniel Will said a 2002 law put in place after the Sept. 11, 2001, terrorist attacks permitted the governor to declare an emergency, and act quickly in a crisis.

Democrats sued Sununu, arguing he overstepped his authority. Sununu’s attorneys argued the suit should be thrown out because the legislators had not shown they were harmed by Sununu’s actions. The court sided with Sununu last month.

Read more: https://www.unionleader.com/news/politics/state/democrats-ask-judge-to-reconsider-suit-against-sununu-over-emergency-spending-power/article_1882bbd8-d507-5cda-ab8c-a29fc27a461d.html?block_id=897573