Posted: 10/29/09 19:08
by Dave Mindeman
Doug Grow at Minnpost has filed the story.
Two relatively small state programs are being targeted in the suit filed today by Mid-Minnesota Legal Assistance on behalf of six people, who are seeking class-action status.
There has been enormous timidity in the progressive community about filing a suit against Pawlenty's unilateral unallotment. And I, for one, have wondered why.
Unallotment is a tool for the Governor to use, but not at the expense of usurping the powers of the legislative body. I am no legal expert, but if logic has any merit here, the plaintiffs will win.
Some ironies will ensue I'm sure. For one, Mid-Minnesota Legal Assistance is moving the case....and they, themselves, have fallen victim to Pawlenty budget cuts.
In addition, who will handle the case for the state? Will Lori Swanson, as Attorney General, have to defend the actions of Pawlenty? One has to hope not.
But the real issue is one that needs to be answered. Can Pawlenty, or any Minnesota Governor, create a budget shortfall, and then fix it unilaterally?
Pawlenty did create the problem. He signed the spending bills...he vetoed the tax bill. He did it at a time when he knew the legislature could only be consulted if he called a special session. It was not an unforeseen emergency (which is why the unallotment provision is there), but a calculated and planned shortfall meant to give the current Governor unprecedented budget power.
But there is no guarantee that logic can prevail. This is a legal case in a political system. A majority of the Supreme Court justices are Pawlenty political appointees. They will make their own judgments....they will see the facts the way they want to.
The merits of the case favor the plaintiffs....the politics of the case favor the Governor.
