Judge dismisses "the other" unallotment suit
Posted at 2:15 PM on January 12, 2010
by Tom Scheck
Filed under: Campaign 2008: MN Legislature, Campaign 2010, Campaign 2010: Minnesota Governor, Tim Pawlenty
A Ramsey County judge has dismissed a case challenging Governor Pawlenty's unallotment authority.
This ruling is separate from a December decision that undercut Governor Pawlenty's authority to unilaterally cut spending. Judge Kathleen Gearin is the judge in both cases but her decisions are different, mostly because the plaintiffs made different arguments. In the case that restored funding for a special diet program, attorneys argued that Pawlenty overstepped his authority as governor. Judge Gearin agreed and ruled that Pawlenty crossed the line that separates the governor's power from the Legislature's.
Gearin said attorneys in the second case fighting for the restoration of a political contribution refund made a different argument. They said Pawlenty couldn't cut the tax refund. Judge Gearin disagreed. The governor's office praised Gearin's most recent ruling. Pawlenty plans to appeal her earlier ruling.
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