Line Item Veto Sticks

The Supreme Court today delayed ruling on the substance of the line item veto law--but paved the way for President Clinton to use it this year. Voting 7-2, the court ruled that six House members and senators who sued did not have proper standing.

The high court overruled a lower court decision that had ruled the law unconstitutional, with Chief Justice Rehnquist saying the six legislators "have alleged no injury to themselves as individuals." However, the court did say that as soon as a president actually uses the veto authority, someone who is affected can sue.

Plaintiffs in the lawsuit expressed disappointment, but said they are confident that once the president uses the veto authority, it will be successfully challenged.

Rep. David Skaggs, D-Colo., one of the plaintiffs, said it is "frustrating" the court ruled on a procedural matter, but added, "I'm absolutely confident that once they get to the merits, they'll throw the thing out." House Government Reform ranking member Henry Waxman, D-Calif., another plaintiff, said, "We have to find someone with standing." Supporters of the veto authority were pleased. Senate Commerce Chairman McCain said the ruling was "very predictable," contending the court could not allow every "aggrieved" senator to file suit.

Supporters and opponents agreed, however, the president is likely to use the authority sparingly.

Clinton should choose carefully and use the line item authority when it would have the most impact, McCain said. Skaggs and Waxman said appropriators could write spending bills so they are exempt from the line item veto authority. Skaggs said if he were president, he would look carefully for the first time to use it, since that likely will form the basis for a legal challenge.

But Skaggs said the "real danger" is the power the president has to use the line item veto as leverage to gain votes for his priorities, warning, "Those transactions will never be documented." Senate Minority Leader Daschle said he hopes the president uses the authority this year. "I can't think of a better place to start than on the upcoming appropriations bills," he said, noting there still is a question of how the president can use the new authority on tax measures.