Editor’s Note: This story was corrected on 1/12/25 to reflect the fact that the Alaska Superior Court, not the Alaska Supreme Court made the decision.
On December 31, 2025, Governor Dunleavy lost his case defending EO 127, his second executive order attempting to establish a State Department of Agriculture. After the Legislature rejected his first attempt to establish a Department of Agriculture for Alaska, Dunleavy reissued the executive order during a special session in August 2025. The Legislature rejected the executive order again, this time on the grounds that Dunleavy issued it unlawfully. The Legislature argued that governors may only issue executive orders during the Legislature’s regular session, not during a special session.
While the State of Alaska does not have a Department of Agriculture, it does maintain a Division of Agriculture under the management of the Department of Natural Resources. When issuing the executive order, Governor Dunleavy argued that the establishment of a Department of Agriculture separate from the Department of Natural Resources would “encourage the development of expertise, eliminate duplication of functions, and establish a single point of responsibility for state agriculture policy.”
In defense of Dunleavy’s EO 127, Representative Kevin McCabe argued in an op-ed published August 7: “It was a necessary, constitutional step toward food security.” McCabe also argued that not only did the Legislature violate the Constitution by refusing to consider EO 127, but also that the rejection of EO 126 (Dunleavy’s first attempt, submitted during the regular session) was “a violation of the Constitution’s intent” because it was rejected for political reasons. However, the Superior Court has now decisively disagreed with McCabe’s and Dunleavy’s interpretation of the constitutional language.
The Alaska Legislative Council filed its complaint and motion for summary judgement with the Alaska State Superior Court on October 3, 2025. Governor Dunleavy filed his cross-motion on October 24. The Council asked the Court for “(1) declaratory judgement that Executive Order No. 137 is legally ineffective, null, and void, (2) declaratory judgement that the Governor violated Article III, Section 23 of the Alaska Constitution, AS 24.08.210, and the separation of powers doctrine by forwarding a proposed executive order to the Legislature for consideration during a special session, and (3) declaratory judgement that the Legislature is entitled to sixty days of a regular session, or a full regular session if of shorter duration, to disapprove of an executive order.”
The Court granted the Council’s motion after a thorough examination of the text and drafting history of Article III, Section 23 of the Alaska State Constitution. The Court concluded that “the best interpretation of Section 23 is that the framers intended that an EO be presented and considered only during a regular session. This conclusion is based primarily on the drafting history.”
Alaskan Agriculture is such a joke they used a stock photo from another country to talk about it.
Why do we need a separate Dept of Ag? I have tried to listen to the proponents and i don’t understand why they are even doing this. I do not believe that some new separate part of gov’t will increase “food security.” I especially don’t believe that it will “eliminate duplication of functions.” More departments means more bureaucracy. Honestly, why does Alaska, a state with very little agriculture for obvious reasons even need a division or department or whatever of agriculture?
All I know is that we need to be able to do everything we can to ensure we can feed ourselves. Any number of things could occur that would threaten our ability to ship in food. We need to be self-sustaining.
I just want to thank Governor Dunleavy for addressing this issue.
Last thing Alaska needs is another govt agency.
Where is Alaska’s “Nick Shirley”?
The graft, fraud, and corruption – you can smell it all the way here in South Central.
Alaska’s “Somalis” – deep dive Native Healthcare.
State and Federal programs in the Bush – corrupt.
Anchorage city council and the health care crisis.
Educational bureaucracy – all the contracts.
The list goes on.
Not more govt – we need less!
*Superior Court not Supreme Court. I’m sure te state will appeal to the Supreme Court when likly this lower court’s ruling will be upheld. Good.
But not for the technical reasons from the court, but for the simple fact that that no one can answer this simple question: What is stopping the “Division” of Ag from doing what the proposed “Department” of Ag could?
This is exhibit 9,428 of the incompetency of the Dunleavy Administration
To paraphrase Capt Pete ‘Maverick’ Mitchel: It’s not the office (Commissioner or Director) it’s the person……
Gov Michael J Dunleavy has done a remarkable job of selecting some of the worst people in Alaska’s history to serve
Manda, buy yourself a high tunnel, raise chickens and other small livestock. Hunt, fish, trap. You’d be amazed what you can do fir yourself without government doing it for you. We DO NOT need another layer of bureaucracy in this government heavy state. We need less government and more self reliance. Try it out!
Either way, it doesn’t matter. The AI that the dunleavy administration is putting into place will control everything you do, including how much frankenfish you buy.
Farm on!