GOP says DFL lawsuits in Supreme Court not appropriate to settle legislative scuffle

House Republicans have filed a response to two DFL lawsuits that ask the state’s Supreme Court to weigh in on legislative proceedings as House Democrats continue their attempt to block a quorum.

The petition responds to separate cases brought by Secretary of State Steve Simon and House Democrats and asks the Minnesota Supreme Court to dismiss both lawsuits on grounds that they lack standing and that other branches of government should not be the arbiter of how the Legislature conducts business.

“The parties to this dispute, and Minnesota’s voters, have all the tools they need to resolve it themselves,” the filing states. “Judicial interference is unnecessary and unwarranted.”

RELATED: House power struggle goes to Minnesota Supreme Court

Both DFL lawsuits ask the Supreme Court to declare a quorum in the House of Representatives is a fixed 68 members rather than the majority of elected members. A successful election contest in District 40B vacated a seat held by a DFL candidate who did not live in the district, handing Republicans a 67-66 advantage.

Simon also asked the court to uphold his stance that the secretary of state is presiding officer of the House until a quorum is present to conduct business.

On the first day of the legislative session, when the Democratic side of the House was empty and all 67 Republicans were present, Simon declared there was no quorum and adjourned the session after a roll call. Republicans ignored that adjournment and elected Rep. Lisa Demuth (R-Cold Spring), as House speaker.

In their response to the DFL lawsuits, Republicans argue that Simon — a member of the executive branch — should not be able to dictate how or when a a chamber of the legislative branch conducts business. Nor is it appropriate for the judicial branch to act as referee, the filing states.

Republican respondents also argue “more than a century” of legal precedent supports their claim that the Minnesota Constitution clearly defines “a majority of each house” of the Legislature as the majority of elected members — in this case 67 of 133 seated representatives. Additionally, they state Democrats are seeking “extraordinary” relief for a “situation resulting from [their] own wrongdoing.”

“The alleged lack of quorum arises entirely because the legislator Petitioners are failing in their duty to appear for the legislative session—and because the Secretary, by a plainly unconstitutional assertion of unilateral control of the House, is seeking to block the constitutional ability of those Members who showed up for work to compel the attendance of others,” the filing states.

5 EYEWITNESS NEWS reached out to the Secretary of State’s Office for comment. A spokesperson for the House DFL caucus says their response will be filed on Wednesday.

House Democrats and Simon have until 9 a.m. Wednesday to file a reply to the GOP brief. The Supreme Court is set to hear oral arguments on Thursday afternoon.