
One of the first things they tell you in law school -- which is later confirmed by actual legal experience -- is that nine times out of ten the lines of questioning in oral argument are irrelevant to the reasoning of the ultimate decision.

Minnesota Gov. Tim Pawlenty fired a warning shot over the Legislature's bow Friday afternoon, promising to "aggressively" protect the governor's unallotment authority.

Over the objections of Republicans on the committee, DFLers on a voice vote Tuesday agreed to hire outside counsel to prepare a friend-of-the-court brief supporting the plaintiffs in the ongoing litigation challenging one of Pawlenty's unallotments.

State budget problems won't be the only issue taken up by lawmakers in 2010. A raft of policy issues are expected to get time in the relevant House and Senate committees this session.

With the Legislature set to reconvene next month, DFLers are preparing to pass legislation that would constrain - or perhaps eliminate - the unallotment authority of the state's top official.

They say that politics makes for strange bedfellows, and never was that more true than in the unallotment case, which has put the office of DFL Attorney General Lori Swanson in charge of representing Republican Governor Tim Pawlenty in a case that has its genesis in a political showdown with DFL lawmakers.
by Charley Shaw
Published: January 6, 2010
Tags: budget, Jim Schowalter, Kathleen Gearin, Kathy Kardell, Larry Pogemiller, Lyndon Carlson, Richard Cohen, Tim Pawlenty, Tom Hanson, unallotment

Ramsey County District Chief Judge Kathleen Gearin's Dec. 30 order invalidating a $5.3-million human services cut made unilaterally by the Republican governor isn't taking center stage at the Legislature.
But if other groups affected by the $2.7 billion in unallotments also take Pawlenty to court, the budget hole could grow larger.

Whether Pawlenty overstepped his authority or not, Minnesota's still facing an additional $1.2 billion deficit in the current budget cycle.
This means that many interest groups that might have challenged the governor's budgetary authority are reticent about getting involved in litigation.

Last week's court ruling against his unilateral budget cuts notwithstanding, all of the $2.7 billion in unallotments announced last summer by Minnesota Gov. Tim Pawlenty are expected to be completed by mid-month.

Minnesota Gov. Tim Pawlenty said Thursday he plans to appeal a judge's ruling that accused his administration of treading on the state Constitution when he used his unallotment power earlier this year to cut funding to a $5 million nutrition program.
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