Court of Appeals Hears Challenge to Governor Walz’s COVID Executive Orders Restricting Businesses

The Minnesota Court of Appeals on February 17, 2021, heard oral argument challenging the constitutionality of Governor Walz’s executive orders.  Attorney Erick Kaardal represented the appellants Free Minnesota Small Business Coalition, individual business and state legislators.  The principal argument is that Minnesota’s Emergency Management Act has an unconstitutional non-severable legislative veto.  The statute states that the legislature by majority vote may terminate the Governor’s emergency powers, “By majority vote of each house of the legislature, the legislature may terminate a peacetime emergency extending beyond 30 days.”  This statute is in conflict with the Minnesota Constitution, Article IV, section 24, which requires every legislative vote to be presented to the Governor for veto, “Each order, resolution or vote requiring the concurrence of the two houses except such as relate to the business or adjournment of the legislature shall be presented to the governor and is subject to his veto as prescribed in case of a bill.”  The Court of Appeals link to the oral argument recording is here:  https://mncourts.gov/CourtOfAppeals/OralArgumentRecordings/ArgumentDetail.aspx?rec=1323