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Dead Constitution
See other Dead Constitution Articles

Title: Minnesota Judge: Governor 'crossed the line' on budget cuts, money ordered to be reinstated to food program
Source: [None]
URL Source: http://www.twincities.com/ci_14095373?nclick_check=1
Published: Dec 30, 2009
Author: staff
Post Date: 2009-12-30 20:06:20 by DeaconBenjamin
Keywords: None
Views: 112
Comments: 6

A Minnesota judge ruled Wednesday that Gov. Tim Pawlenty "crossed the line" when he cut billions from the state budget on his own, ordering his administration to restore money to a food program for the poor.

The ruling from Ramsey County District Judge Kathleen Gearin only deals directly with a small slice of $2.7 billion in cuts the Republican governor announced this summer. But her accompanying explanation criticizes his strategy to slice the budget without input from the Legislature. Pawlenty was using an executive authority known as unallotment.

Gearin wrote that Pawlenty "crossed the line between legitimate exercise of his authority to unallot and interference with the legislative power to make laws."

The judge added that the power is reserved for an unforeseen budget crisis and "is not meant to be used as a weapon by the executive branch to break a stalemate in budget negotiations with the legislature."

Pawlenty's administration was ordered to reinstate funding for the Minnesota Supplemental Aid Special Diet program going back to Nov. 1 and continue it until further court notice. Another hearing is scheduled for March 1.

The program supplies cash grants to elderly and disabled people on fixed incomes to help them with special dietary needs stemming from other health concerns. It was estimated to cost the state $5.3 million, according to court documents.

An attorney from Mid-Minnesota Legal Assistance, which handled the case, had no immediate comment.

Pawlenty issued a one-paragraph statement after the ruling.

"We are disappointed in the judge's decision," Pawlenty said. "We are weighing all of our options including appeal, re-establishing unallotments under the current forecast, potential legislative action, and other options."

Minnesota faces a $1.2 billion budget deficit for the current two-year cycle and a much larger one down the road.

The case grew out of cuts Pawlenty made after he and the Democratic-controlled Legislature failed to agree on a budget.

An attorney for Pawlenty had argued that the state would have trouble paying its bills if the administration lost because others hit by cuts would see it as an invitation to file similar lawsuits.

Gearin said in her ruling that she wasn't swayed by the assistance program at the heart of the case, but the process by which Pawlenty cut it.

"The court's decision was based on the way he unalloted, not what he unalloted," Gearin wrote, stressing she would rather the courts stay out of budget and policy decisions.

Pawlenty's unallotment authority had survived a court challenge early in his first term. What differed in this case is that Pawlenty made the cuts at the start of a budget period instead of doing them as a reaction to an economic report showing a deficit and little time left to solve it.

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#1. To: DeaconBenjamin (#0)

Cut the elderly and the disabled when you need to balance the budget.

Lod  posted on  2009-12-30   23:13:08 ET  Reply   Trace   Private Reply  


#2. To: Lod (#1)

Well, according to the article, these cuts were $5.3 million out of $2.7 billion. So maybe some other things were cut?

A trillion here, a trillion there, soon you're not talking real money

DeaconBenjamin  posted on  2009-12-30   23:17:27 ET  Reply   Trace   Private Reply  


#3. To: DeaconBenjamin (#2)

I know, there were others that took a hit, but whatsoever ye do unto the least of these, my brethren, ye do unto Me.

I'd rather the cuts come from those who have more resources than from the poorest of the poor.

Lod  posted on  2009-12-30   23:27:10 ET  Reply   Trace   Private Reply  


#4. To: DeaconBenjamin (#0)

The first thing that should be cut, is Politician's SALARIES.

Yes, that's right. Cut CITY AND POLITICAL SALARIES.

YOU FAILED TO DO YOUR JOB, NOW YOU SHOULD PAY A PENALTY.

Better to be hated for what you are, than loved for what you are not.

TommyTheMadArtist  posted on  2009-12-31   0:43:51 ET  Reply   Trace   Private Reply  


#5. To: TommyTheMadArtist (#4)

You'll have no argument from me. Although, I might start with the pensions first.

A trillion here, a trillion there, soon you're not talking real money

DeaconBenjamin  posted on  2009-12-31   1:24:20 ET  Reply   Trace   Private Reply  


#6. To: Lod (#3)

but whatsoever ye do unto the least of these, my brethren, ye do unto Me.

Funny, I thought that was a call for personal charity, not coerced.

Shall I have a defense before God if I say that I gave at the office?

A trillion here, a trillion there, soon you're not talking real money

DeaconBenjamin  posted on  2009-12-31   1:25:50 ET  Reply   Trace   Private Reply  


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