Minnesota Lawyer Blog

The Minnesota Legislature passed its budget bills before adjourning but they still could be vetoed by the governor. If the courts have to intervene in order to keep the state operating, the purview of their power isn't clear under State ex rel. Sviggum v. Hanson, issued by the Court of Appeals today.

At least that's the opinion of the attorney for the appellants in the case, Erick Kaardal, who represented a group of legislators in a quo warranto proceeding that the court found nonjusticiable.

The state legislators had claimed that the Commissioner of Finance had violated the Constitution and statutes by disbursing funds during the 2005 partial government shutdown without a legislative appropriation. The state legislators challenged the Ramsey County District Court's actions in the context of the 2005 partial government shutdown to order the Commissioner of Finance to disburse funds without a legislative appropriation. The state legislators alleged such action was unconstitutional and violative of statutes, explained Kaardal in a press release.

The Court of Appeals left unresolved the critical issue of whether the Ramsey County District Court in the future can order the Commissioner of Finance to disburse funds without a legislative appropriation in the next partial government shutdown, said Kaardal.

"Now, the Governor, the state legislature, the courts and the public are left to wonder whether the Minnesota Constitution will be applied in the next partial government shutdown situation," Kaardal said.