MN Supreme Court resolution could settle Minnesota House power struggle
ST. PAUL, Minn. (FOX 9) - The power struggle that’s jammed the Minnesota House since Day 1 at the Capitol may be resolved soon.
Democrats asked the state Supreme Court to step in as referee, and on Thursday, the court heard arguments over what constitutes a quorum — the minimum number of representatives needed to do business.
Supreme Court arguments
What we know:
It’s a complicated decision that could determine the balance of power for two years.
If Minnesota Republicans are right, their 67 members is not enough to pass a bill, but because there’s a vacant seat it’s just what they need to gavel in the House and decide its leadership.
"Different jurisdictions have taken different approaches to that question," said GOP attorney Nick Nelson at the hearing. "But Minnesota has long since made its choice. It's the same choice made by both houses of the US Congress. A quorum is a majority of the members currently sitting."
If Democrats are right, they’d need a majority of the whole House — 68 members — to do anything.
"It ensures that before the House takes any action, at least a majority of Minnesotans are represented in the House chamber," said DFL attorney David Zoll.
Court clues
Dig deeper:
Justices acknowledged both sides offered reasonable support for their positions and law professor David Schultz agreed.
"Both sides raise fairly compelling legal arguments at this point," Schultz told FOX 9.
He said the court might prefer to stay out of a dispute within another branch of government, as GOP attorneys argued they should.
"No matter what they decide, it's going to be viewed as very controversial and potentially divisive," Schultz said.
But justices drilled down to figure out whether this is a constitutional question they need to answer.
Chief Justice Natalie Hudson said not deciding is actually making a decision, and asked if this isn’t exactly what the state Supreme Court is designed to do.
"What we have is a co-equal branch of government that is completely dysfunctional, that is not doing the will of, the work of the people of Minnesota," the chief justice said. "Isn't that an instance where, if not the judicial branch, who steps in to resolve that?"
What's next:
There’s no timeline for a ruling, but it could come as soon as Friday.
If the court favors the DFL, nothing has happened in the House. Everything House Republicans have done gets erased.
If the court favors the GOP, nothing changes in the House, except Democrats will eventually start coming to the Capitol.