Judge Orders Walz to Show Legal Justification for Emergency Orders by June 18th

Minneapolis – Quo warranto is a Latin legal term meaning “by what warrant,” or, “by what authority?” That question is the basis of a lawsuit filed by the Free Minnesota Coalition and the New House Republican Caucus challenging the governor’s authority to issue the peacetime emergency executive orders he has in response to the Covid-19 pandemic.

In response to the petition for quo warranto, Judge Thomas Gilligan has ordered Governor Walz to provide legal justification for his assumption of power in the face of three key arguments asserted by the plaintiffs. Should any be found to hold merit, all of the governor’s peacetime emergency orders would be rendered null and void.

The court directed the governor to answer the key arguments by June 18th, showing:

  • That when the governor issued his executive orders, he did not exceed his authority under the Minnesota Constitution’s separation of powers principle regarding the non-delegation doctrine;
  • Whether the governor’s executive orders exceeded his authority because the statutory authority relied upon, MN Statute 12.31, is unconstitutional because the provision authorizes a legislative veto;
  • Whether the governor’s executive orders exceeded his authority because MN Statute 12.31, subdivision 2 does not authorize the governor to invoke emergency powers for a public health emergency.

Although the petitioners requested expedited review, the attorney general’s office argued for more time and Judge Gilligan granted it. A hearing on the merits of the case has been set for July 16th at 10:00 AM in the Ramsey County Courthouse.

“With a writ of quo waranto, the burden is on the governor to prove that he had the constitutional authority to exercise the powers he asserted with his emergency executive orders,” said coalition spokesman, Dan McGrath. “If our lawsuit prevails, all of the peacetime emergency orders will be nullified and the balance of power between the executive, legislative and judicial branches in state government will be restored.”

Plaintiffs in the quo warranto lawsuit include the Free Minnesota Coalition, now representing over 40 small businesses, State Representatives Steve Drazkowski, Jeremy Munson, Cal Bahr and Tim Miller. They are represented by attorney Erick Kaardal of Mohrman, Kaardal & Erickson, PA.

Read Judge Gilligan’s Order, here.

Contribute to the Legal Defense Fund, here.

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6 comments

  • Joanie Liimatta

    Thank you. I have felt as if I were l am now living in a Communist country. Thank you to all who have forged ahead with facts and knowledge. maybe my voice/vote does count.

  • Patricia Peloquin

    Why did this take 3 months?! I’ve emailed by MN district congresswoman and senator. And now the AG Ellison is, of course, delaying it. Enough of this unconstitutional lockdown. None of this should have been done in the first place.

    MEDIA & DEM HYSTERIA BECAUSE OF BAD CODE–led to shutdowns!! All because of a fraudulent and BAD CODE–NEVER VERIFIED, with a wildly over-prediction of deaths by the U.K.’s Imperial College (2.2 U.S. Million U.S. predicted deaths from COVID-19 — Italy, France, Spain, the U.K all jumped on, too–and all have double the U.S. deaths per capita) AND the fraudulent models of the NIHME touted by Dr. Fauci, in Seattle, predicting 1.7 Million U.S. deaths on March 15–lowered to 100K-120K March 29.

    To compensate the CDC changed it’s way of attributing deaths (which should be illegal)–suddenly on April 3. So that almost any death in a hospital or nursing home is counted as COVID-19, EVEN WITHOUT A TEST FOR THIS VIRUS!! No worse than a severe flu. I was very sick for 2 weeks as a 8 or 9 year old with the Asian Flu (pandemic of 1957-58) with 117,000 U.S. deaths and NO SHUTDOWNS, NO MEDIA HYPE. In 1968-69 was the Hong Kong Flu pandemic with 100,000 U.S. deaths–NO SHUTDOWNS, NO MEDIA HYPE. Also the Swine Flu pandemic of 2009, again NO SHUTDOWNS, barely mentioned by the media.

  • Al Lakosky

    If Walz has shown us anything, he has shown us his inability to lead, govern and make the right decisions. he is out of touch with the people’s suffering. .Must be nice to sit and watch destruction of property while staying in hiding in a mansion paid for by us! His service record is very tarnished as a leader as well. His breaking of his bond with his 24 year comrades in the guard when he quit rather than the possibility of taking fire in Iraq. He still insists that he has a higher rank that he is being retired with. he is an out of touch liar and a coward and unfit to govern a chicken coup let alone a state. State patrol, who are under orders from the Governor watched as idiots pulled down a statue of Christopher Columbus. Mr Walz. doing nothing is worse than making a bad decision and apologizing afterward. Quit cowering and start leading, IF YOU CAN! I personally would love to see you gone TOMORROW!

  • Pingback: Nine More Lawmakers Join Lawsuit Against Gov. Walz Over Use of Emergency Powers - The Minnesota Sun

  • Clint Postolka

    I like to know when all this hell inspired lies & mandates will be reversed. I’d rather be in Heaven, or if I have to stay here, South Dakota.

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