A new legislative projection says New Jersey will rake in $914 million more than expected in taxes through June 2012, which will likely set off a fierce partisan fight over how to spend the money and could affect a high-stakes state Supreme Court decision.That’s the first line of the Wall St. Journal article today on the NJ legislative budget prediction, the usual "April surprise" as income taxes roar in. And that “high-stakes state Supreme Court decision,” of course, is the latest litigation over whether Gov. Christie violated both the State Constitution and the School Funding Reform Act by underfunding school aid this year by $820 million.
In support of its motion to clarify, the State argued [i]n enacting the Fiscal Year 2011 Appropriations Act, the Legislature confronted the perfect storm of declining revenues in each of the State’s major taxes and a persistent and substantial structural deficit. To of that reality by the Special Master in the fulfillment of its charge is to divorce constitutional analysis under Article VIII, § 4, 1 from both the pertinent facts, as well as other,co-equal constitutional provisions.Wrong venue, defense team; only the Supreme Court can weigh fiscal solvency as a factor. Writes Judge Doyne, “the Court “retained for its future consideration the question of what effect, if any, the State’s fiscal condition may have on plaintiffs’ entitlement to relief.”
Labels: Abbott, Christie, SFRA