Court limits the Navajo president's line-item veto and reinstates the controller

The Window Rock District Court has ruled that the Navajo Nation president cannot use his line-item veto to shut down the government, according to the Office of the Speaker.

A separate order reinstated the controller the president sought to remove. The orders were issued Aug. 5 by Judge Malcolm Begay, and the Office of the Speaker received them Aug. 11.

Speaker Crystalyne Curley brought the case on behalf of the council after President Buu Nygren sought to remove Controller Sean McCabe and line-item vetoed operational funding for the Legislative Branch and other essential government functions. The council filed its petition on Oct. 10, 2025, arguing that the president had abused his authority under Navajo Nation law and that the actions threatened the stability of the Nation's financial administration.

On the line-item veto, the court granted declaratory relief to the speaker and the Legislative Branch, finding that the authority cannot be used to violate the Navajo people's right to vote, to assume a superior role over another branch of government, or to "shut down the Navajo Nation Government." The court found the remaining request for injunctive relief moot after the council adopted a resolution addressing the disputed line-item vetoes.

In a separate order, the court granted a permanent injunction and affirmed McCabe as Controller. It barred the Office of Management and Budget and the Office of the Controller from taking actions through Interim Controller Alva Tom, and determined that the president does not have authority to accept the resignation of a Council-confirmed Controller. The court found that the circumstances surrounding the resignation could constitute a "constructive discharge," or forced termination.

The court emphasized the importance of maintaining stability and accountability in the financial administration, noting that allowing a single government official to create turnover in the Controller position could affect the treasury, financial policies, creditors, bankers and auditors.

"These rulings affirm the role of the Navajo Nation Council and the importance of maintaining the separation of powers established under Navajo Nation law," the speaker said.

The court did not rule for the council on everything. On legislation seeking the removal of the president and Vice President Richelle Montoya, the court granted the president's request for declaratory and injunctive relief, determining that the removal legislation was based on an invalid statute and raised due process and separation of powers concerns.

The Office of the Speaker and the Office of Legislative Counsel said they anticipate additional orders addressing other issues in the case.