Minnesota Court of Appeals Rejects Challenge to Governor Walz’s Executive Orders Based on Lack of Standing

Attorney Erick Kaardal represents the Free Minnesota Small Business Coalition, individual business owners and state legislators on appeal challenging Governor Walz’s executive orders based on an unconstitutional legislative veto provision.  The emergency powers statute relies on the legislature to vote by a majority in each house to end the Governor’s emergency powers; however, the legislature voting to terminate executive power violates constitutional separation-of-powers because legislative action must be presented to the Governor for veto to be constitutional. The Court of Appeals ‘ decision, linked here https://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/OPa201161-042621.pdf, rejected the legislative veto claim due to lack of standing–there hasn’t been a legislative veto yet.  Attorney Kaardal comments, “We accept the court of appeal’s decision. But, we will be petitioning the Supreme Court for review. Meanwhile, because the legislature is in session, maybe, the Governor and legislature will work out the unconstitutional impasse–rendering our case moot.  It’s a wait-and-see situation.”