The odds on this are nil, but...

Remember all those tax increases that were passed in the middle of the night by our Maryland delegation? The midnight session that caused Gov. O’Malley to say that the delegation achieved “more than many governments achieve in four years?” That process appears to have been in violation of Article III section 25 of the Maryland Constitution. A lawsuit is in process, we will see how it turns out.

Here is a summary from a memo in support of an emergency injunction filed:

When legislators are called to Annapolis for an Extraordinary Session, the time table for results demands extraordinary effort. Despite the temptation to rush though a session, the Constitution places speed bumps in the legislative process to enhance the deliberative nature of the bicameral system.

In this case, the bicameral process became a “House-race” where the fastest legislative body was rewarded with an extended vacation. This not only deprived taxpayers of the attention they deserved, it ran afoul of express constitutional provisions governing the conduct of their legislators. Some legislators may view these provisions as unnecessary technicalities. But they are not empowered to ignore the Constitution for the sake of speed or any other reason. Our Constitution limits legislative power, provides a proven formula for sound process, and helps to preserve its integrity. When legislators ignore it, as they have in rushing these statutes to passage, abandoning their duties, or attempting to shift their legislative role to the voters at large, this Court must restrain an unrestrained process, ensure respect for the Constitution, and send both Houses back to the regular session in Annapolis with a clear message: When it comes to the law, you cannot make it if you break it.

HT: Howard County Maryland Blog