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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

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