Two weeks ago, the Minnesota House Republicans were dragged into the Minnesota Supreme Court by obstructionist Democrats and the Democrat Secretary of State, Steve Simon. The issue was that Democrats were boycotting the Minnesota House in a radical attempt to hold up a quorum so the Minnesota House could organize for the 2025-26 Legislative Session.
The Minnesota Constitution states that a majority of the House is required for a quorum. Democrats argued the number was 68 because there are 134 seats. Republicans argued 67 is a quorum because there are only 133 members – Democrats cheated in the House District 40B election and that district has a vacancy.
Republicans began the new legislative session on January 14th standing up to Secretary Steve Simon who attempted to unilaterally adjourn the House. As Simon departed the Speaker’s rostrum, the House Republicans elected a Speaker and over the next week elected officers and started conducting legislative business.
When Republicans faced the Democrat justices of the Minnesota Supreme Court, they argued that the Court should stay out of the internal affairs of the legislative branch. But to no surprise to anyone following the radical declination of the Minnesota Supreme Court, they ended up issuing one of their most extreme rulings. The Democrat justices sided with the Democrat House members and Democrat Secretary of State by declaring that a quorum is a definitive number = 68. To them, a legislative seat is equal to a member, even if there is a vacancy.
Following the ruling, Republicans allowed Secretary Simon to take the gavel back last week and allowed him to declare no quorum each day, then unilaterally adjourn them, despite a resolution in the hopper to punish absent members. We criticized Republicans for refusing to stand up to Secretary Simon like they did on the first day.
It turns out, the big play by Republicans behind the scenes was to go back to very same Democrat controlled Supreme Court that they previous argued should stay out of the affairs, to sue Secretary Simon for not recognizing their motion?
Stupid!
Republicans are clearly in the right in the court of common sense and public opinion; Democrats are completely in the wrong. But that didn’t stop the Democrats appointed justices from siding with Simon last time. They’re likely to do it again.
The Supreme Court has some other options as well. Attorney General, ANTIFA Keith Ellison, on behalf of Secretary Simon, argued in its brief to the Court that the petitioners, Rep. Lisa Demuth and Rep. Harry Niska lack standing because they are not “personally injured” by the Secretary of State.
Ellison also argues to the Court, that even if they do find that the petitioners have standing, the District Court is the correct place for the petition, not the Supreme Court. If the Supreme Court found in favor of this argument, it would delay a definitive ruling because no matter what the District Court would rule, either side would appeal right back to the Supreme Court.
Delays are good for Democrats since they are likely to win the early March House District 40B Special Election that would create a 67-67 tie with Republicans again.
Oral arguments are scheduled right now for Thursday, but there is no timeline requirement for the justices to issue a ruling. If the justices wait until mid-March, even if they rule in favor of the Republicans, the Democrats will have 67 members again and make this action void.
So the House Republicans have really boxed themselves in. Since they refused to stand up on the House floor and take back the legislative branch from the Secretary of State, they need the Democrat Supreme Court to rule in their favor and do it immediately.
Even if House Republicans were successful in court and Democrats started showing up to the Capitol again, they’ve already neutered themselves by falsely claiming they can’t pass legislation without 68 votes.
There are several examples of legislation passing Minnesota with 67 votes. On March 15th, 1973, the House Journal shows that H.F. 369 passed with 67 votes.
The Minnesota House didn’t have less members in 1973 either. In fact, it had 135.
The Minnesota House didn’t change to 134 members until 1983.
Conservatives in this state are tired of Republicans who don’t stand up and fight back against the radical Democrats. They should’ve ignored Secretary Simon’s unilateral adjournment last week and conducted the business granted to them by the state constitution. It’s unfortunate that the Democrat obstructionists are winning this fight right now.
