As I CORRECTLY predicted, Jody Richards IMMEDIATELY sine dies House.

As I CORRECTLY predicted on this blog, Jody Richards has sine die adjourned the House IMMEDIATELY after the special called session started.

I expect Fletcher to call them back into session, to be followed by another Richards sine die, and so on. How the issue gets finally resolved is anyone's guess, but mine is that a constitutional fight in the courts will be avoided -- and the courts may declare the issue a non-justiciable political question -- with both Fletcher and Democrats eventually declaring victory. How the voters will see the special session impasse, after they sort it ALL out, will remain to be seen in November -- and next year's legislative races!

On the same or similar note, I have read where some people have suggested that the sine dine actions of the House violate Section 41 of our state constitution, which provides thus:

"Neither House, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting."

I tend to disagree with them and believe instead that the more RELEVANT and applicable constitutional provision is found in section 80, which provides as follows:

"He may, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if that should have become dangerous from an enemy or from contagious diseases. In case of disagreement between the two Houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not exceeding four months. When he shall convene the General Assembly it shall be by proclamation, stating the subjects to be considered, and no other shall be considered."

The question is thus begged: Does one chamber have the constitutional authority to decide the time of its adjournment WITH the obvious disagreement of the other chamber?

My legal conclusion is that I think NOT, as ONLY the Governor, in my opinion, can "adjourn them to such time as he shall think proper, not exceeding four months." However, as I stated earlier in this post, both sides may not have the stomach for a court fight over what has the potential to quickly spiral into a constitutional crisis, even if the court(s)s want to take such a case!