Lawsuit Against Gov. Walz
The most recent challenges of leadership aside, Minnesota is still reeling from the economic and social effects caused by the executive orders. We should fully open the state now and try to mitigate additional damage to our communities and state. The facts and evidence do not support the shutdown.
My colleagues and I filed a lawsuit, along with numerous businesses, challenging the Governor's authority to unilaterally declare a peacetime emergency based on public health situation and write laws without legislative oversight or judicial review for an indefinite period of time.
The suspension of our constitutional rights should alarm every Minnesotan. Constitutional rights are not conditional permissions handed down to the people by government officials and they do not go away in times of war or emergency. No individual, including Governor Walz, is allowed to suspend our God-given rights.
Attorney Erick Kaardal of Mohrman, Kaardal & Erickson is representing the New House Republicans in our lawsuit. Mr. Kaardal has represented many clients in cases involving individual liberty and government overreach.
Governor Walz bypassed the legislative process and the Constitutional checks and balances provided by our three branches of government.We have three branches of government specifically to stop the consolidation of power.
Peacetime emergency declarations were designed to address immediate crises which require specific, swift action such as a flood or tornado. By contrast, a public health crisis will last for an indefinite amount of time and the Governor’s executive orders have covered a broad scope of action. This is why the law does not specify a health emergency as a reason for calling a peacetime emergency. In fact, prior to the Governor calling the peacetime emergency, legislation was introduced to amend the law and add a health emergency as a reason. This bill failed in the House, but the Governor went ahead and called a peacetime emergency anyways.
The suspension of our constitutional rights destroyed our state. The numbers show that Minnesota has higher rates of unemployment and deaths-per-million from COVID-19 than free states. Businesses should be allowed to make their own business decisions and find innovative ways to make their customers feel safe. Individuals do not need to be micro managed. We do not need to be told how many friends we may invite to our homes, or where we can travel, or what we must wear. We do not need to be told how, when and where we can worship, and we certainly do not need to be told if our jobs and businesses are essential.
We had hoped for a decision on our lawsuit by June 12th, however, Attorney General Keith Ellison filed a motion for extension. The hearing is now set for July 16th. If suscessful, this lawsuit will end the peacetime emergency and executive orders, allowing the elected body at the legislature to write any neccessary laws. More importantly, if suscessful, this lawsuit will ensure the balance of power, so no Governor will be able to expand his powers and unilaterly declare a peacetime emergency again and give him/herself the power to unilaterly write laws for an indefinate period of time without legislative oversight.
Click here for more information about the lawsuit: New House GOP Lawsuit on Emergency Powers