As expected, the Nevada Supreme Court last week came to the rescue of the state’s political class. The justices refused to hear an appeal regarding a lawmaker working in two branches of state government at the same time.
The state constitution’s separation of powers clause — intended to prevent the consolidation of authority in too few hands — prohibits anyone serving in one branch of government from carrying out “any function” of another.
State Sen. Heidi Gansert, R-Reno, moonlights as an UNR employee in the executive branch when she’s not sitting in Carson City as part of the legislative branch. Despite a lawsuit alleging the obvious — that she is flouting the state’s founding document — a Washoe County judge dismissed the case.
Now the state’s high court has affirmed that decision.
The issue has been debated for almost two decades, with the Nevada judiciary serving as a compliant toady for the ruling elites. And so, for now, the plain language of the state constitution no longer means what it clearly says.