recognizing that when other branches of government are remiss in their constitutional duties, the judiciary must act
How later courts described this case
- recognizing that when other branches of government are remiss in their constitutional duties, the judiciary must act
- "An amicus curiae is limited to the issues made by the parties to a suit, and issues not made in proceedings below, nor raised in brief of appellant, cannot be injected into a review by any action on the part of the amicus curiae."
- "The authority to determine the amount of appropriations necessary for the performance of the essential functions of government is vested fully and exclusively in the legislature."
- words "subject to approval" of county governing body made governing board approval a prerequisite
Written by the judges who cited it.
The opinion
*328 JONES, J.,
concurs in the foregoing dissent with the exception of the portion dealing with the motion to recuse.
BLOODWORTH, Justice
(recusing himself).
In view of the fact that while serving as a circuit judge in the Eighth Judicial Circuit of Alabama, I had a part in helping to draft and secure passage of the Act in question [Sec. 125(28a), Tit. 13, Code of Alabama 1940, as last amended], I hereby recuse myself.