Free Minnesota Small Business Coalition, et al. v. Tim Walz. A20-1161, Supreme Court Order, ...

October 28, 2020 Free Minnesota Small Business Coalition, et al., Petitioners, vs. Tim Walz, STATE OF MINNESOTA IN SUPREME COURT A20-1161 Respondent. ORDER Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that the petition of Free Minnesota Small Business Coalition, et al., for accelerated review be, and the same is, denied. Dated: October 28, 2020 1 BY THE COURT: Lorie S. Gildea Chief Justice DISSENT THISSEN, Justice (dissenting). I respectfully dissent from the decision to deny accelerated review. The issue of the Governor's authority to issue emergency executive orders with the force of law during the COVID-19 pandemic is urgent and of statewide importance. The petitioners seek accelerated review for that reason. Respondent Governor Tim Walz does not oppose accelerated review, noting that "it is of public importance to clarify a governor's authority to respond to an emergency such as the COVID-19 pandemic" and that accelerated review of the Governor's emergency power to issue emergency orders under the Minnesota Emergency Management Act "will ensure this Court has an opportunity to finally decide these issues before the peacetime emergency ends and the issues are mooted." I would grant accelerated review on both issues presented. Because the Legislature has not acted under Minn. Stat. § 12.31, subd. 2(b) (2018), I would request that the parties provide additional briefing on the justiciability of the question of whether Minn. Stat. § 12.31, subd. 2(b ), is a non-severable legislative veto violating the ban on legislative vetoes under the Minnesota Constitution, Article III. MOORE, III, Justice ( dissenting). I join in the dissent of Justice Thissen. D-1