Petition for Writ of Quo Warranto - Minnesota State Legislature
Petition for Writ of Quo Warranto - Minnesota State Legislature
Petition for Writ of Quo Warranto - Minnesota State Legislature
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INTRODUCTION<br />
1. <strong>Minnesota</strong>'s executive and legislative branches <strong>of</strong>government have failed<br />
to enact into law appropriation bills necessary to carry <strong>for</strong>ward certain government<br />
functions. The consequence has resulted in economic hardship <strong>for</strong> individuals, agencies,<br />
and other programs dependent upon state funding. The Governor, having the sole<br />
authority to call a special session <strong>of</strong>the legislature to allow the passage <strong>of</strong> appropriation<br />
bills <strong>for</strong> his consideration, has not done so. In short, the executive and legislative <strong>of</strong>ficials<br />
responsible <strong>for</strong> the enactment <strong>of</strong> appropriation laws are politically deadlocked.<br />
2. Under a parens patriae theory <strong>of</strong>law, and precedents from experiences in<br />
200 I and 2005 in which <strong>Minnesota</strong> found itselfin similar governmental fiscal deadlock,<br />
the <strong>Minnesota</strong> Attorney General sought refuge and relief from the judicial branch <strong>of</strong><br />
government. Through her most recent <strong>Petition</strong> in Ramsey County District Court, the<br />
Attorney General sought, engaged and provided the lower court the opportunity to<br />
operate the government through disbursements <strong>of</strong>moneys by ordering the Commissioner<br />
<strong>of</strong>Management and Budget to disburse state funds without an appropriation by law.<br />
3. The lower court has accepted the responsibilities <strong>of</strong>operating the<br />
government through an order effective July 1,2011 (dated June 29, 2011) - In Re<br />
Temporary Funding <strong>of</strong>Core Functions <strong>of</strong>the Executive Branch <strong>of</strong>the <strong>State</strong> <strong>of</strong><br />
<strong>Minnesota</strong> 2 - granting the Attorney General's motion <strong>for</strong> temporary funding.<br />
2 In Re Temporary Funding <strong>of</strong>Core Functions <strong>of</strong>the Executive Branch <strong>of</strong>the <strong>State</strong> <strong>of</strong><br />
<strong>Minnesota</strong>, Findings <strong>of</strong>Fact, Conclusions <strong>of</strong>Law, and Order Granting Motion <strong>for</strong><br />
2