D-Day for Dayton, Supreme Court
Thursday will be D-Day for Gov. Dayton and the Minnesota Supreme Court. According to Brian Bakst’s reporting, the “Minnesota Supreme Court is expected to deliver its long-awaited decision Thursday in a court case between the governor and Legislature. A notice from the clerk of courts to parties in the case said a decision has been made in the lawsuit regarding Gov. Mark Dayton’s vetoes.”
Bakst continued, saying “If [the] high court invalidates the line-item vetoes, it would cause funding to spring back. If [the] justices uphold the vetoes, it will push the Legislature toward a financial crisis.” That’s true but more than that, if the Supreme Court sides with Gov. Dayton, it will have reversed itself.
In this post, I highlighted the fact that the Supreme Court ruled that Gov. Dayton, like previous governors, has line-item veto authority. I also highlighted the fact that the Supreme Court said that a constitutional provision (the line-item veto) can’t “be used to achieve an unconstitutional result.” In the Supreme Court’s ruling, they also said that Minnesotans have a “constitutional right to three independent branches of government.”
The Minnesota Supreme Court, whether it realizes it or not, is on trial here. If they rule that the legislature must spend down the money appropriated to the Legislative Coordinating Commission, aka the LCC, they will be violating multiple Minnesota statutes. First, part of the money appropriated to the LCC pays for the operations of the Office of Legislative Auditor, aka OLA. In this post, I wrote “Legislative Auditor Jim Nobles has already expressed concerns about certain functions of his office being suspended – specifically the certification of state financial reports that support the state’s credit rating and the receipt of federal funds.” It’s inconceivable to me that the Supreme Court would rule against funding the OLA simply for those reasons.
I don’t doubt that the DFL operatives in black robes want to justify siding with Gov. Dayton. It’s just that I can’t imagine them saying in their preliminary ruling that you can’t use part of the state constitution to achieve an unconstitutional result. Saying that a governor has the right to temporarily disable the part of the government that represents the people is incomprehensible.
Check in with LFR Thursday for the Supreme Court’s final ruling in this important case.
Technorati: Minnesota Supreme Court, Separation of Powers, Mark Dayton, Office of Legislative Auditor, Legislative Branch, DFL, Revisor of Statutes, Paul Gazelka, Republicans