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State Representative Ryan Winkler
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-7026
For more information contact: Ted Modrich 651-296-5809
Press/News Releases
STATEMENT ON RULING FROM JUDGE GEARIN
(SAINT PAUL) — State Rep. Ryan Winkler (DFL – Golden Valley) released the following statement on this morning’s ruling from Judge Kathleen Gearin on core services in a government shutdown:
"Judge Gearin's ruling today is an unfortunate sign that compromise and the devotion to the public interest have broken down at the State Capitol. The ruling steps around Article 11, Section 1 of the Minnesota Constitution, which prohibits any state spending without an appropriation passed by the Legislature and signed by the Governor. Faced with the choice of following this constitutional mandate or undermining other sections of the Minnesota Constitution creating the Executive branch, Judge Gearin made the best of a bad situation. She deferred to the Governor's definition of the core functions of his branch of government, and did not give the special master authority to stray beyond that limited definition. She respected the separation of powers as best she could.
"Minnesota courts should not be forced to choose the lesser of two constitutional evils, but this is exactly what happened when the Legislature failed to pass a budget that the Governor would sign. By limiting the scope of the court's role in funding government to those functions strictly required by the state constitution, Judge Gearin displayed good judgment and a thorough understanding of her role as an officer of the judicial branch. Like her order in Brayton v. Pawlenty, today's ruling preserves Minnesota's constitution, and maintains the long-term functioning of our government despite the political and social disruption caused by Minnesota's elected officials.
"As the Minnesota constitution requires, the burden now falls on the state's elected officials to solve this budget problem without subjecting its citizens to great harm. Governor Dayton has proposed a compromise budget. It's time for the Legislature to do the same."
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