Constitutional challenge dismissed

The Minnesota Supreme Court has dismissed a suit by four Minnesota Senators that said a lower court judge doesn’t have the authority to authorize spending if a state shutdown occurs.

Republican Senators Warren Limmer, Scott Newman, Sean Nienow and Roger Chamberlain filed the petition in the Minnesota Supreme Court last Friday.

The court ruled yesterday that it didn’t hold jurisdiction over the matter but didn’t dismiss the challenge on its merits:

“We conclude based on the record before us that the petition does not satisfy the standards we have established for the exercise of our original jurisdiction over a petition for a writ of quo warranto. See Rice v. Connolly, 488 N.W.2d 241, 244 (Minn. 1992) (“While this court retains its original jurisdiction pursuant to Minn. Stat. § 480.04 (1990), we today signal our future intention to exercise that discretion in only the most exigent of circumstances.”). Accordingly, we dismiss the petition without prejudice.”


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Filed under Appellate, courts, legal decision

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