The Minnesota Supreme Court has ruled four Republican senators jumped the gun in saying that Gov. Mark Dayton is overstepping his constitutional bounds by involving the courts in government shutdown contingency plans.
That's because no state money has been ordered to be spent, so there's no crisis, Justice Alan Page wrote today.
The ruling doesn't address the merits of the case.
Sens. Warren Limmer, Scott Newman, Sean Nienow and Roger Chamberlain filed the lawsuit earlier this week, arguing that only the Legislature has the right to appropriate money. Gov. Dayton and Attorney General Lori Swanson have argued that the governor has a responsibility to "protect the lives and safety of the people of Minnesota."
The suit was filed simultaneously in Ramsey County District Court, and Judge Kathleen Gearin has scheduled a hearing in the case for tomorrow.