State v. Falcon

Through Chapter 35 of the 2016 Laws of Maryland, the General Assembly amended Md. Code Ann., Educ. 3-110(b), which governs the School Board Nominating Commission of Anne Arundel County, to eliminate the ability of the Governor to appoint members to the Nominating Commission. The amendment changed the Nominating Commission to a body that is comprised of members who are appointed by various specific entities other than the Governor. Four of the five gubernatorial appointees filed suit contending that the General Assembly unconstitutionally removed them from their positions as members of the Nominating Commission. The circuit court agreed and issued a preliminary injunction against implementation and enforcement of Chapter 35, concluding that Chapter 35 violates Article II, Section 15 of the Maryland Constitution and Article 8 of the Declaration of Rights. The Court of Appeals reversed, holding that the circuit court erred in issuing the preliminary injunction because Chapter 35 is not unconstitutional but, rather, restructures or reconstitutes the Nominating Commission. View "State v. Falcon" on Justia Law