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MN SUPREME COURT REFUSES TO HEAR EMERGENCY POWERS LAWSUIT AGAINST GOV. WALZ

Friday, July 30, 2021

St. Paul – Last week, the Minnesota Supreme Court chose not to hear a landmark case against Governor Tim Walz. The lawsuit, known as Free Minnesota Small Business Coalition, et al. vs. Tim Walz, questioned the constitutionality of the governor’s emergency powers. The lawsuit was brought by the Free Minnesota Small Business Coalition, a group of small business owners. The members of the New House Republican Caucus joined this lawsuit. 

“This is an extremely disappointing action from the Minnesota Supreme Court,” said Rep. Jeremy Munson (R-Lake Crystal). “Our lawsuit asked fundamental questions regarding the governor’s powers and the executive branch’s relationship with the legislative branch. The Supreme Court’s job is to answer these questions when they are raised. Even though there are no emergency powers in effect, for now, the people of Minnesota deserve to know whether Governor Walz’s yearlong dictates were constitutional. Frankly, the Supreme Court let Minnesotans down.”

The Minnesota Supreme Court filed their denial for further review of the lawsuit on Tuesday, July 20, 2021. 

“At any time, Governor Walz could declare another emergency and we would once again be thrown into a constitutional crisis,” said Rep. Munson. “Earlier this year, an appellate court judge actually indicated that Governor Walz may have veto power over his own emergency powers. In theory, the Minnesota Legislature could vote to end a governor’s emergency powers. However, just like any other piece of legislation, that measure must be signed into law by the governor. In fact, that is what did happen when the emergency powers ended last month. The Supreme Court’s refusal to take up this issue is shocking.”

Last year, the New House Republican Caucus set up a “Go-Fund-Me” page to raise funds for lawsuits against the emergency powers. The fund received donations from individuals across Minnesota and helped the New House Republican Caucus support multiple lawsuits against Governor Walz in the last 14 months.  

Rep. Tim Miller (R-Prinsburg) concluded, “So many Minnesotans joined us in our effort to gain legal accountability from Governor Walz. We want to thank them for their steadfast support and their desire to restore constitutional government in Minnesota. We know this development is disappointing to say the least. Nevertheless, we will continue the fight to reform the emergency powers and make sure no governor has untouchable, unilateral authority again.”

Rep. Steve Drazkowski (Republican-Mazeppa), Rep. Tim Miller (Republican-Prinsburg), Rep. Cal Bahr (Republican-East Bethel), and Rep. Jeremy Munson (Republican-Lake Crystal) are members of the New House Republican Caucus. 

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