On Thursday, the Minnesota Supreme Court ruled 5-1 in favor of Governor Mark Dayton’s exercise of his line-item veto of the legislature’s appropriation stating that the facial reading of the constitution gives him line-item veto power. In the same ruling the Court declined to act on the question of if the Governor’s veto violated a separate section of the constitution (Art 3) in which he may have used the line-item power to unlawfully coerce the legislature into action. The court ruling included a directive to remand the funding portion to the district court for review. 

“I am deeply disturbed with the Minnesota Supreme Court’s decision to allow Governor Dayton to proceed with his line-item veto of the legislature’s appropriation,” said Senator Mary Kiffmeyer (R-Big Lake) “The decision upends long standing constitutional precedent respecting Art 3 Separation of Powers and muddles the barriers of our state constitution’s balance of powers clause. As a result of this ruling I now have serious concerns about the required co-equality of our state’s three branches of government as well as questions about the long-term future of Minnesotans’ voice in government through the Legislative branch.”

Immediately after the Court issued its ruling, leaders from the legislature met through the Legislative Coordinating Commission (LCC) to discuss options to keep the legislature’s doors open and functioning on behalf of our constituents and our work for all of Minnesota as much as possible in light of the ruling.

As a temporary measure, the Commission decided to access the LCC carryforward money and the second year 2019 appropriation. This move allows the legislature to continue only basic functioning through the start of the next Legislative Session on Feb 20, 2018.  Those funds would run out around March 1, 2018. 

“Hopefully the Governor will respect the Minnesota Constitution’s Art III, Separation of Powers, and sign legislation to restore legislative funding and the balance of power.” said Senator Kiffmeyer.