WINDOW ROCK, Ariz. — The Navajo Nation Window Rock District Court granted a temporary restraining order on Feb. 24 requested by Navajo Nation President Buu Nygren, temporarily preventing the enactment and enforcement of two pieces of legislation passed by the Navajo Nation Council while the court reviews the matter.
The ruling keeps the current structure of government in place until the court can fully hear arguments related to Navajo Nation Council resolutions CJA-07-26 and CJA-09-26.i
The court cited “potentially substantial” injury to the Navajo Nation President from the legislation “because it alters the Navajo Nation Executive Branch’s functions and appears to concentrate some crucial Executive Branch’s functions into the Legislative Branch’s supervision such as restricting Executive Branch senior personnel functions, barring them from entering settlements without political approval, superseding the Navajo Nation Department of Justice’s ability to respond to major litigation matters unless there is political approval, as well as many other provisions that undermine any Navajo Nation President’s ability to operate the Navajo Nation Executive Branch.
In its decision, the court determined that the request met the legal standard necessary for a temporary restraining order and that maintaining the status quo is appropriate while the case proceeds. The court noted that the legislation could significantly alter the functioning of the Executive Branch and potentially concentrate authority within the Legislative Branch, raising concerns under Navajo Nation law and the governing principle of k’é, which emphasizes balance and cooperation among branches of government.
The court also recognized that if the legislation were allowed to take effect before the case is heard, it could cause irreparable harm by changing the operational authority of the Office of the President and the Navajo Nation Executive Branch.
As a result, the court ordered that the Navajo Nation Council and Speaker Crystalyne Curley be temporarily prohibited from enacting, implementing, or enforcing the legislation while the matter moves forward through the judicial process.
President Nygren expressed appreciation for the court’s decision and reaffirmed his commitment to the Navajo people.
“I appreciate the court taking the time to carefully review this matter and ensuring that the balance of our Navajo Nation government is protected while the case proceeds,” President Nygren said. “My priority remains serving the Navajo people and making sure our government functions in a way that respects our laws, our institutions, and the principle of k’é.”
The temporary restraining order ensures stability within the Navajo Nation government while the court further reviews the case.
