Attorney General: Shutdown spending is constitutional
Minnesota Attorney General Lori Swanson is asking the Minnesota Supreme Court to dismiss a petition that says a judge can't authorize most forms of state spending if the government shuts down.
In her request, Swanson said that such an action "is rarely invoked by courts."
The petition comes hours after four lawmakers, including GOP Sens. Warren Limmer, Scott Newman, Roger Chamberlain, and Sean Nienow filed a petition with the Supreme Court to block a lower court from keeping some services going during a shutdown.
They contend that the court's interference is unconstitutional because the state can only spend money if appropriations are signed into law; Gov. Dayton and the Republican-controlled legislature are at an impasse over spending for the coming two-year budget cycle.
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Here's Swanson's Motion to Dismiss:
Here's the initial motion put forward by four Minnesota Republican senators: