Lawrence G. Rebman Missouri Cases

Lawrence Rebman, an administrative law judge (ALJ), sought a declaratory judgment that an appropriations statute (HB2007) was unconstitutional as applied to him and a permanent injunction to prevent his termination. The circuit court declared parts of HB2007 unconstitutional, severed the offending language, and enjoined the State from terminating Rebman's employment based on those provisions. The Missouri Supreme Court affirmed, holding that restricting funding for an ALJ's salary based on their appointment date violates the separation of powers by effectively compelling the executive branch to terminate a specific employee. The Court also affirmed the severability of the unconstitutional language and the permanent injunction.