Top Democratic state lawmakers want a judge to reconsider their challenge to Governor Chris Sununu’s authority over federal coronavirus aid.
In their initial lawsuit, the legislators argued that they have a constitutional right to approve how the funds are used – even during a state of emergency.
Superior Court judge David Anderson threw out that lawsuit last month, saying that halting the funding process would go against the public interest during the pandemic.
Now, with some of the state’s $1.25 billion in federal relief already being distributed, the Democrats have filed a motion to reconsider. They argue that have legal standing to pursue the claim, as both taxpayers and members of the legislature’s fiscal committee.
“Taxpayer dollars which have already been spent in violation of the law cannot be recovered,” they say in their motion. “The public interest is best served by observance of the law, especially in this public health emergency.”
The lawmakers’ complaint asks the court again for an emergency injunction to stop Sununu from distributing any more aid without legislative approval.