Republican House members to file brief in unallotment case

published 1/27/2010

More than half of House Republicans have announced their intent to join Rep. Tom Emmer (R-Delano) in filing a friend-of-the-court brief supporting Gov. Tim Pawlenty’s appeal to the Minnesota Supreme Court regarding his $5 million unallotment of a food assistance program.

Emmer said that 30 of the 47 House Republicans will be signing on to the amicus curiae brief, which he plans to file next week. He contends that Ramsey County District Court Chief Judge Kathleen Gearin overstepped the court's bounds when she ruled last month that Pawlenty exceeded his unallotment authority and, by doing so, inserted the judicial branch into a matter involving the legislative and executive branches of government.

"It's a very dangerous time when the courts start inserting themselves into budget disputes between the political branches, and we are asking the Minnesota Supreme Court to uphold the state's constitution and vacate this flawed order," Emmer said in a press release. 

Yesterday the House Rules and Legislative Administration Committee approved a resolution on a split voice vote to hire outside counsel to draft an amicus brief in support of the plaintiffs in a case that is now moving to the Supreme Court. Costs could range anywhere from $25,000 to $50,000, said House Majority Leader Tony Sertich (DFL-Chisholm). The House had filed an amicus brief when the case was before the district court; however, at that time the work was completed by the nonpartisan House Research Department.

Emmer criticized the resolution to use taxpayer dollars for outside counsel. He said the Supreme Court needs to know that the brief to be filed by the House is not representative of all its members.

Although he is drafting the brief, Emmer said it will be filed with the help of an attorney who is volunteering his services. Any costs associated with the brief will be covered by Emmer, he said.

- Lee Ann Schutz