
A protest vote in 1938, when DC residents couldn’t even vote in the U.S. presidential election. (Library of Congress photo)
by Daniel Solomon
Last month, the U.S. Government Accountability Office (GAO) released a legal opinion on the new DC budget autonomy law, adopted last year by 83 percent of voters in a referendum. GAO stated its opinion that the law exceeds the power given to the District under the Home Rule Law.
That’s one party’s opinion. Other respected lawyers disagree. Jon Bouker, a partner at Arent Fox, states:
[blockquote]”…GAO has no authority to declare a law that was duly enacted by the District and subject to the congressional review period null and void.”[/blockquote]
In other words, the GAO’s opinion is in no way binding upon the District. There are only two ways for the law to be nullified: by an Act of Congress, which has not acted to reject the law; or by a judge’s ruling in a lawsuit, and no suit has been filed.
Under these circumstances, DC should be preparing its budget under our newly-adopted rules, not planning to beg Congress to approve it.
David Bardin says
You are right on target! Thanks.