Court cases could shape — or reshape — where Minnesota Legislature heads next
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Week 2 of an unusual Minnesota legislative session gets underway with the fight over power still gripping the Capitol.
Republicans in the House continue to hold floor sessions while Democrats continue to boycott. Court decisions late last week pushed a House special election into March while a senator who faces felony charges will not stand trial until after the session.
The power struggle has been playing out in the judicial branch. Here’s what to know about Week 2:
The House power struggle finds its way to the Minnesota Supreme Court
The Minnesota Supreme Court will hear arguments Thursday about whether the Republican-led sessions in the House are lawful.
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House Democrats and Secretary of State Steve Simon want the state Supreme Court to say the House was improperly convened and that no actions taken so far should stand. Simon has said nothing can happen without 68 members present.
Republicans say he’s wrong and overstepping his authority.
In a newly filed response Tuesday, lawyers for House Republicans said the DFL's position would create a separation-of-powers nightmare where the courts would effectively choose a presiding officer in the House.
The GOP brief described it as a “hostile takeover” of the Legislature's independence.
Currently, Republicans have 67 seats and Democrats have 66 because of a vacant seat. Written arguments are due Wednesday ahead of the Thursday hearing, with a swift ruling expected.
A Republican one-seat edge in the House will stretch deeper into session
On Friday, the Minnesota Supreme Court found DFL Gov. Tim Walz prematurely called a special election for a Roseville-area House seat.
The seat was left vacant after Democrat Curtis Johnson was disqualified from taking office over a residency dispute.
Walz ordered a Jan. 28 special election and voting was already underway.
Republicans sued, arguing Walz did not follow the law and justices agreed the vacancy didn’t occur until the Legislature convened with the seat empty.
Walz said a special election will now happen around March 5, although that proclamation hasn’t been issued yet.
The governor's office has interpreted last week's ruling to mean Walz can't even issue the paperwork for the special election until Feb. 5, which would push the outcome of the pivotal race out for weeks beyond that.
Democrats are still worried Republicans might remove DFL Rep. Brad Tabke who won his election by 14 votes over 20 missing ballots. A court already found Tabke legally won the seat.
Republicans have been coy about their plans for Tabke. But their ability to remove him would require all Republicans to vote in tandem, which could be difficult for some.
Sen. Nicole Mitchell won’t stand trial until after session
A Becker County judge decided Friday that DFL Sen. Nicole Mitchell’s felony burglary trial won’t occur before the legislative session concludes, an adjournment that could come as late as May 19.
Mitchell was arrested last year at her stepmother’s home in Detroit Lakes. Mitchell denies accusations of theft. Her trial was supposed to start Jan. 27.
The judge agreed with Mitchell’s lawyers that a legislative privilege exists and she can’t be forced to stand trial while the Legislature is in session.
There is a special election next week for the late Sen. Kari Dziedzic’s seat in a historically Democratic district in Minneapolis. It likely means the Senate, currently tied 33 to 33, will most likely shift into DFL hands for most of the session.
Republicans say Mitchell is abusing her status as a senator and should have waived her privilege.
They could still try to force Democrats into the position of defending her publicly or parting with Mitchell, although removing her would take a two-thirds vote.
Walz budget is in but hardly at the top of the discussion
Walz released his proposed two-year budget last week and suggested spending $66 billion over the next two years.
Somehow, that was secondary news given all else happening at the Capitol and with the uncertainty over who is in charge.
The Walz plan calls for reductions in planned spending growth and some changes to the tax code. Most notably, he would make a minor cut to the state sales tax but broaden the application of it to include more services, such as brokerage and accounting services.
The Legislature won’t develop alternative budget plans until after a late February economic update. But there probably will be extensive hearings into the Walz proposal in coming weeks.