Overview:
The Window Rock District Court has issued a series of significant rulings in Curley v. Nygren, largely affirming the authority of the Navajo Nation Council and placing limits on the president’s power over the Legislative Branch and the Office of the Controller.
The Window Rock District Court issued several orders on August 5, 2026, addressing issues in Curley v. Nygren, including rulings affirming the authority of the Navajo Nation Council and Speaker Crystalyne Curley concerning the Legislative Branch budget and the Office of the Controller.
The orders, issued Aug. 5 by Judge Malcolm Begay in Curley v. Nygren, were received by the Office of the Speaker on Tuesday, Aug. 11. The case stems from a dispute between the Navajo Nation’s Legislative and Executive branches over the president’s authority to remove or replace the controller and veto funding approved for the Legislative Branch and other government operations.
Speaker Curley, representing the 25th Navajo Nation Council, filed the case Oct. 10, 2025, through Chief Legal Counsel Michelle Espino. The Council argued that Nygren had exceeded his authority under Navajo Nation law and that his actions threatened the stability of the Nation’s financial administration and the government’s ability to carry out its responsibilities to the Navajo people.
Court Limits Presidential Line-Item Veto Authority
In its ruling concerning Nygren’s line-item vetoes, the court granted declaratory relief to Speaker Curley and the Legislative Branch.
The court found that the president’s line-item veto authority cannot be used to violate the Navajo people’s right to vote, assume a superior role over another branch of government or “shut down the Navajo Nation Government.”
The court determined that the remaining request for injunctive relief was moot after the Navajo Nation Council adopted Resolution No. CAP-23-26, which addressed the disputed line-item vetoes.
The ruling represents a significant statement regarding the separation of powers within the Navajo Nation government and the limits of executive authority over funding approved by the Legislative Branch.
Court Affirms McCabe as Controller
In a separate order involving the Office of the Controller, the court granted Speaker Curley’s request for a permanent injunction and affirmed Sean McCabe as the Navajo Nation controller.
The court also enjoined the Office of Management and Budget and the Office of the Controller from taking actions through Interim Controller Alva Tom. The ruling cited the controller’s responsibility to the Navajo Nation Council and the Budget and Finance Committee in carrying out financial transactions and complying with Council and committee directives.
The court further determined that the Navajo Nation president does not have authority under 12 N.N.C. § 202(B) to accept the resignation of a controller who was confirmed by the Council.
Based on the evidence presented, the court found that the circumstances surrounding McCabe’s resignation could constitute a “constructive discharge,” or forced termination.
The court emphasized the importance of stability and accountability in the Navajo Nation’s financial administration. It noted that allowing a single government official to create repeated turnover in the controller position could have consequences for the Nation’s treasury, financial policies, creditors, bankers and auditors.
Curley: Rulings Affirm Separation of Powers
Speaker Curley said the rulings reinforce the role of the Navajo Nation Council and the separation of powers established under Navajo Nation law.
“These rulings affirm the role of the Navajo Nation Council and the importance of maintaining the separation of powers established under Navajo Nation law,” Curley said. “The Legislative Branch has a responsibility to protect the authority granted to it by the Navajo people and to ensure that our government operates with accountability, stability and respect for the law.”
Court Also Rules on Effort to Remove Nygren
In a separate ruling in the broader case, the court addressed legislation seeking the removal of President Nygren and Vice President Richelle Montoya.
The court granted Nygren’s request for declaratory and injunctive relief, determining that the legislation seeking the officials’ removal was based on an invalid statute. The court also found that the legislation raised due process and separation-of-powers concerns.
The rulings represent another significant development in the ongoing legal and political dispute over the balance of authority among the Navajo Nation’s branches of government.
The Office of the Speaker and the Office of Legislative Counsel said they anticipate additional orders addressing other issues raised in the case. They will continue reviewing the court’s rulings and their implications for the Navajo Nation Council and the Legislative Branch.
The case highlights the continuing importance of the Navajo Nation’s system of checks and balances as its government navigates disputes over executive authority, legislative funding and control of the Nation’s financial administration.
