The judge sides with the Legislature. A former lawmaker and a tea party leader wanted the "rainy day" fund to be refilled after lawmakers used it two years ago to fill a budget gap, arguing a constitutional provision governing the rules of the fund. But the Legislature and Gov. Bobby Jindal's Administration disagreed. After arguing that a more recent statute postponed any need to put money back into the fund, the judge agreed with them. If the fund had to be refilled, it could cause a gap of $150 million or more in the state operating budget.