Free Minnesota, a coalition of citizens and small businesses filed a petition for Quo Warranto lawsuit in May, alleging that the governor was beyond the executive authority granted him by the state constitution and has been exercising purely legislative power by issuing his numerous decrees in response to the Covid-19 virus. The lawsuit was joined by the New House Republican Caucus and members of the State Senate. Judge Gilligan agreed that the Quo Warranto petition was an appropriate vehicle to challenge the governor’s assumed powers, but did not agree to end them.
Today, the Free Minnesota Coalition, through attorney Erick Kaardal of Mohrmon, Kaardal & Erickson, PA, filed legal documents in an appeal, requesting expedited review by the Minnesota Supreme Court because of the urgent nature of the case. Not only businesses, but civil rights and the constitutional structure of government are under assault.
| Press Conference Announcing Appeal |
Defacto laws are being enacted without action by the legislature, which is the constitutional branch of government with lawmaking authority. Since the legislature is comprised of representatives of the People, the voice of the People is being squelched, precluding the notion of consent of the governed.
“No decision the governor made has turned on crucial timing that would preclude legislative action,” said coalition spokesman, Dan McGrath. “The governor is clinging to self-proclaimed emergency powers for political reasons, because he doesn’t believe the legislature will do as he wishes, not because of an urgency requiring split-second decisions. Throughout history, those who’ve assumed dictatorial powers are loathe to relinquish them. They have to be forced. We’re going into 7 months of ‘two-weeks to flatten the curve.’ It’s long-past time to restore the proper balance of power in state government.”
The First Liberties Defense Fund is being prioritized to help fund the appeal.