Minnesota justices tell lawmakers to work out control of ‘dysfunctional’ House
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The Minnesota Supreme Court on Friday tossed the question of who controls the Minnesota House back to House leaders to figure it out.
In a three-page order, the justices answered one key question — they agreed with DFLers that it takes 68 votes in the House for a quorum — but they declined to go further and order a specific resolution to the impasse that’s kept the House in limbo for more than a week.
The justices wrote they “assume the parties will now conform to this opinion without the necessity of issuing a formal writ,” or demand from the court, leaving it to House leaders who have so far been unable to agree on how to organize and conduct business.
Two Democratic lawsuits asked the court to specifically declare any prior acts from last week — including the Republicans’ using 67 votes to elect a speak from their side — invalid and void.
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The court, though, did not issue that directive, ruling only that it takes 68 votes to form a quorum.
Interpreting the Supreme Court opinion could be part of discussions as the narrowly split chamber decides how to press forward. Democrats say they don't see how the prior acts could stand because the GOP never achieved a quorum.
“This was a closely contested legal issue, and for the first time in state history we now have a final answer on what constitutes a legislative quorum,” DFL Secretary of State Steve Simon said Friday as he thanked justices for a prompt ruling.
The high court heard arguments Thursday in challenges to the temporary leadership of Republicans in the chamber during a Democratic boycott. Republicans argued that any intervention from the court would amount to a “hostile takeover.”
In her questioning Thursday, Chief Justice Natalie Hudson suggested the current political environment was unprecedented.
“What we have is a co-equal branch of government that is completely dysfunctional, that is not doing the will and the work of the people of Minnesota,” Hudson said.
‘Get back to the negotiating table’
Republican and Democratic leaders have said they will accept the court’s ruling, but given the lack of direction on other components, conflicts could emerge.
House GOP Leader Lisa Demuth, R-Cold Spring, said Republicans would again show up at the Capitol on Monday and expected that Democrats would do the same, given the ruling.
"This decision drives home the fact that House Democrats are disrespecting not just their own constituents, but the entire state of Minnesota by refusing to do their jobs,” Demuth said in a statement. “It's time for the Democrats' walkout to end and for the legislature to get on with its work."
DFL Leader Melissa Hortman of Brooklyn Park said the ruling should force leaders back to the table to discuss a power-sharing agreement.
“What the court is essentially saying to Republicans and Democrats today is get back to the negotiating table,” she told reporters. “We don't need to fill in the lines for you. We don't need to connect the dots. You are fully capable of doing that. And get to that work.”
Hortman she extended an invitation to Demuth to meet on Friday but hadn’t heard back.
Republicans and Democrats came out of the November election tied 67-67. But Democrats lost a seat to a court ruling saying an incoming member didn’t live where he said he did.
Last week, when the chamber came in to begin the legislative session, 67 Republicans showed up and elected Demuth as speaker after Simon, in his role as secretary of state, adjourned the chamber, saying 68 members were needed to conduct business.
Democrats have stayed away from the Capitol to deprive Republicans the votes they need to reach a quorum. They said they didn’t want Republicans to hold control for two years when their advantage could be temporary.
DFL leaders also raised control about Republican leaders’ comments about not seating Rep. Brad Tabke. Tabke narrowly won a Shakopee area seat and a judge ruled that his win was legitimate even though 20 ballots were cast but never counted and later discarded.
Aaron Paul, the Republican candidate who challenged the ruling, announced Friday that he would not seek an appeal. But that doesn’t completely resolve the question.
The Legislature is the final arbiter on who can be seated in the chamber. So Republicans could still opt not to let Tabke take his seat. Lawmakers can’t cast votes on questions about themselves.