The Supreme Court will rule on Dunleavy's agriculture department after he's gone

The Alaska Supreme Court will decide whether Gov. Mike Dunleavy could create a state Department of Agriculture by executive order — and it will hear the case Nov. 19, sixteen days after the election to replace him.

Dunleavy is term-limited and leaves office in December. Whichever way the court rules, the department he wanted will belong to his successor, and the Legislature will have spent up to $185,000 fighting an order from a governor who was already on his way out.

What the case actually settles is bigger than agriculture. It turns on one phrase in the state constitution, which gives the Legislature "sixty days of a regular session, or a full session if of shorter duration" to reject a governor's reorganization order. Dunleavy argues a special session is "a full session," so an order takes effect if one ends without a veto. The Legislature reads it as regular sessions only. If Dunleavy wins, future governors could call a special session, issue an order the day before, and dare lawmakers to act.

That is roughly what happened. Dunleavy issued Executive Order 136 in January 2025, moving the Division of Agriculture out of the Department of Natural Resources. The Legislature took no action during the regular session, so the order died. He then called a special session for August on creating the department and education reform, and issued Executive Order 137 the day before it opened. The presiding officer returned it unopened; the Senate Journal records that the Legislature refused to accept it, citing constitutional concerns. Dunleavy's brief says the Legislature "chose not to vote on EO 137 at all."

The Legislative Council, a joint House-Senate committee, voted 9-2 in September 2025 to sue. Rep. Louise Stutes said the order had already been rejected: "What part of no don't you understand?" Rep. Mike Prax, dissenting, warned that winning would set a precedent "that the legislature can act simply by doing nothing, which is not a sound practice for any organization."

Juneau Superior Court Judge Marianna Carpeneti sided with the Legislature on Dec. 31, a day before the order would have taken effect, finding that "the framers intended that the Governor transmit a proposed executive order to the Legislature only during a regular session."

Dunleavy appealed two days later and twice asked for an expedited hearing. The council, having spent $92,000 of its original $100,000, raised its outside counsel contract to $185,000 in February to cover the appeal. Briefing closed in May. No stay was granted, so agriculture stays a division inside Natural Resources until the court rules.

Each side gets 20 minutes before the justices in Anchorage.