State Republicans to file brief supporting Pawlenty's unallotment

Minnesota Republicans are coming to the aid of Gov. Tim Pawlenty in a lawsuit challenging his unilateral budget cuts imposed last summer.

Republicans plan to file a brief supporting the governor's decision to cut $2.7 billion, saying a lower court ruling against Pawlenty's actions upset the constitutional separation of powers.

The Minnesota Supreme Court is scheduled to hear the case in March.

Ramsey County District Court Chief Judge Kathleen Gearin ruled late last month in favor of the six people on a small nutrition program Pawlenty nixed, saying he overstepped his authority in making the cuts without legislative approval.

Pawlenty appealed, saying the judge misinterpreted the law.

Here's the release:

ST. PAUL—State Representative Tom Emmer announced today he is filing a Friend of the Court brief with the Minnesota Supreme Court supporting Governor Pawlenty's unallotment authority. The brief will be filed early next week on behalf of Rep. Emmer and thirty-one of his Republican colleagues in the legislature.

"The district court overstepped its bounds by trying to limit or question what are clearly discretionary acts of the executive branch," said Emmer. "As members of the legislature, we find it necessary to remind the court that the legislative branch is responsible for setting Minnesota's budget priorities, not the judiciary."

The legislators' brief will provide a defense of the unallotment statute as not only constitutional, but also constitutionally required in order to allow the governor to faithfully execute the balanced budget mandate of the constitution.

The brief also makes the case that the district court overstepped its bounds and invaded the province of the legislative and executive branches by, in effect, improperly amending the unallotment statute and questioning discretionary acts of the Governor, such as his authority to veto or call the legislature into special session.

"It's a very dangerous time when the courts start inserting themselves into budget disputes between the political branches, and we are asking the Minnesota Supreme Court to uphold the state's constitution and vacate this flawed order."

The legislators joining Rep. Emmer in filing the brief are Rep. Bud Nornes, Rep. Rob Dettmer, Rep. Bob Gunther, Rep. Dan Severson, Rep. Dean Urdahl, Rep. Greg Davids, Rep. Jenifer Loon, Rep. Connie Doepke, Rep. Joe Hoppe, Rep. Joyce Peppin, Rep. Keith Downey, Rep. Laura Brod, Rep. Mark Buesgens, Rep. Marty Seifert, Rep. Mary Kiffmeyer, Rep. Mary Liz Holberg, Rep. Matt Dean, Rep. Mike Beard, Rep. Paul Anderson, Rep. Paul Kohls, Rep. Peggy Scott, Rep. Rod Hamilton, Rep. Ron Shimanski, Rep. Steve Drazkowski, Rep. Steve Gottwalt, Rep. Steve Smith, Rep. Tom Hackbarth, Rep. Tony Cornish, Rep. Torrey Westrom, Rep. Randy Demmer and Sen. Amy Koch.