Press Release

Deputy Attorney General Cori Mills Issues Press Statement on Supreme Court's Decision in Short v. Dunleavy

May 3, 2022

(Juneau, AK) – Deputy Attorney General Cori Mills issued the following press statement on the Alaska Supreme Court’s affirmation of the superior court’s decision in Short v. Dunleavy that the Higher Education Investment Fund’s must be swept into the constitutional budget reserve fund to repay the fund under article 17.

“Although the plaintiffs tried to make this case about supposed policy calls made by the executive branch, the Court recognized that the State was just following the Alaska Constitution, and the Alaska Constitution requires the constitutional budget reserve fund to be repaid by sweeping all money that is ‘available for appropriation’ in the general fund. No one disputes that the performance scholarships are an important program, which is why Governor Dunleavy included appropriations to pay for the scholarships in his budget. But that does not mean that the Higher Education Investment Fund falls outside of the reach of the constitutionally required sweep into the CBR.”

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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.