We have been writing about the constitutional crisis in Minnesota. The Democratic minority in the Minnesota House is trying to use unconstitutional and illegal means to seize control of that body. Republicans hold a 67-66 advantage in that chamber, because a Democratic candidate, running in District 40B, cheated and got caught, resulting in a successful election challenge by his Republican opponent.
The Democrats have refused to show up for the 2025 session. Their strategy is to try to fill the empty seat in 40B with a special election as soon as possible, and then report to the House belatedly, demanding equal control over that body. (The possibility that they could lose that election doesn’t figure in their calculations.) When the Democrats didn’t show up for the opening of the 2025 session, the Republican majority went ahead and elected a Speaker and began processing legislation.
The Democrats’ coordinated strategy, which verges on insurrection, included Governor Tim Walz prematurely ordering the 40B special election for January 28, far ahead of the schedule provided in Minnesota law. The Republican Party brought an original action in the Minnesota Supreme Court seeking to invalidate that order and require compliance with the timetable set out in Minnesota statutes. The Democrats didn’t have a leg to stand on in that case, and apparently hoped that Minnesota’s Supreme Court, which does not include any Republicans, would toe the party line in defiance of the law.
That didn’t happen. Today the Supreme Court ruled unanimously that Walz acted illegally, and canceled the January 28 special election. Consistent with the law, the election will be held, as I understand it, at the end of February.
Which means that the Democrats will have to either capitulate, or continue their boycott until March. That may be untenable, as pressure on them continues to rise. My organization is driving thousands of emails from constituents to the absent Democrats, demanding that they show up to work and do their jobs.
Today’s decision on scheduling of the special election in 40B was a preliminary bout. The main event is the Democrats’ challenge to the Republicans’ convening the House in their absence. Democrats claim that 67 votes do not constitute a quorum, and therefore the Republicans can’t do anything without them.
That argument is plainly wrong under the Minnesota Constitution, in my opinion. The Minnesota Constitution says that a quorum is a “majority of [the] house,” and the Minnesota House currently has 133 members. So 67 votes are a majority. My organization has gotten permission to file an amicus brief in that case, which we expect to do on Tuesday.
Democrats are hoping that today’s Supreme Court ruling was a token gesture in the direction of the rule of law, and that the Court will loyally bail them out on the main issue of whether their boycott has successfully incapacitated the Minnesota legislature. That might happen, but I doubt it. The Democrats’ position on the quorum issue is scarcely more plausible than their position on the timing of the special election. I doubt that the Minnesota Supreme Court is so corrupt as to issue an obviously incorrect opinion, and countenance a blatant violation of the Minnesota Constitution, simply in order to advance a partisan agenda.
UPDATE: It is so nice to have smart Republican leadership. Following the Supreme Court’s order today, Democratic House leader Melissa Hartman put out a statement blaming Republicans for delaying the 40B special election (i.e., by insisting on compliance with the law). But in fact, Republicans have acted to expedite it. This statement by House Majority Leader Harry Niska is brilliant:
It’s time for @GovTimWalz to recognize the House organization and election of Speaker @LisaDemuthMN and immediately call a 40B special election. pic.twitter.com/DlUWZPzzDB
— Rep. Harry Niska (@HarryNiska) January 18, 2025
So you see the problem: the Democrats can have an immediate special election in 40B if they adopt the House resolution of a few days ago. But that would mean acknowledging the legitimacy of Republican control, 67-66. And the Democrats can’t do that. So they are the ones who are forcing the election back into March.
The Democrats don’t seem to have a good path forward, but I suppose the Supreme Court could still bail them out, more or less.
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