Oral Arguments in Suit to Undo Walz’s Emergency Powers

February 16, 2021 Dan McGrath

Oral arguments have been scheduled in the Free Minnesota appellate suit aimed at stopping Governor Walz’s extraordinary and record-breaking use of emergency powers. A three judge tribunal will hear the case on Wednesday, February 17th at 11:00 AM. The hearing will be conducted remotely via Zoom with Erick Kaardal of Mohrman, Kaardal & Erickson PA representing the Free Minnesota Coalition, co-petitioners, the New House Republican Caucus and other legislators.

UPDATE: Links to the ZoomGov remote oral argument session are now posted online at https://mncourts.gov/CourtOfAppeals.aspx#tab02Calendar . On the day of oral arguments, please visit that site to access the link for the ZoomGov remote oral argument session. Please log on 15 minutes prior to the start time. Members of the public may attend the ZoomGov session as observers. As a reminder, court rules prohibit recording oral arguments without prior permission, but audio recordings of oral arguments are always available at https://mncourts.gov/CourtOfAppeals/OralArgumentRecordings.aspx and are typically posted within 24 hours after the oral argument.

The central question in the case revolves around the separation of powers specified in Minnesota’s constitution and a legal concept known as the non-delegation doctrine. In essence, the legislature is prohibited from delegating it’s law-making authority, which renders null and void any emergency powers statute that allows the governor to issue orders with the effect of law.

Governor Walz has established himself as a de facto dictator and will have bypassed the legislature in ruling the state by executive fiat for an unprecedented 11 months by the time of the hearing.

Free Minnesota is an ad-hoc coalition formed in response to the governor’s unilateral dictates, in particular, those that closed small businesses while allowing their larger competitors to continue operating. Small businesses across the state have been decimated, with many bars, restaurants, health clubs and salons being facing economic ruin and forced to close for good.

The petitioners in this particular case are not seeking compensation (though they should be entitled to it) for harm to their businesses. If the appeal is successful, the governor’s executive orders would all be cancelled and his ability to issue additional dictates without the legislature would be stopped.

The legislature is comprised of the representatives of the People, which, according to the Minnesota Constitution is where all political power rests. The lawsuit aims to restore that rightful power to the People.

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