Minnesota Supreme Court hears oral arguments in House quorum dispute
A partisan standoff in the Minnesota House of Representatives is now in the hands of the Minnesota Supreme Court. Justices on Thursday heard oral arguments from both sides of the ongoing issue of how many members are needed to conduct official business.
Justices asked tough questions of both sides in the legislative dispute that led to a boycott by DFL House lawmakers. At the root of the cases before the court is a question of whether 67 lawmakers is enough for a quorum when there’s a vacancy in the 134-seat House of Representatives.
Democrats say the Minnesota Constitution designates a quorum as a “static” 68 members. Republicans, who have 67 seated members, say their one-seat majority empowers them to conduct business on the House floor — including electing Rep. Lisa Demuth, R-Cold Spring, as House speaker.
“The question is whether a vacancy in either house reduces the number necessary for a quorum or whether the quorum number is static,” said Solicitor General Liz Kramer. “Quorum does not change with vacancies in Minnesota.”
Kramer, arguing on behalf of DFL Secretary of State Steve Simon, says that position is supported by “plain language” in the state Constitution that says a quorum is the majority of members “prescribed by law,” which is 134.
Chief Justice Natalie Hudson said Kramer’s interpretation “is certainly a reasonable one” but posited that the GOP position “is equally reasonable.”
Nicholas Nelson, the attorney representing House Republicans, argued case law in Minnesota has determined what constitutes a quorum.
“Different jurisdictions have taken different approaches to that question, but Minnesota had long since made its choice,” he said. “It’s the same choice made by both houses of the U.S. Congress: A quorum is a majority of the members currently sitting.”
Republicans also argued it’s not the place of the judiciary or the executive branch to tell legislators how to organize.
But justices suggested they might have to step in.
“What we have is a coequal branch that is completely dysfunctional, not doing the will and the work of the people of Minnesota,” Hudson said.
Democrats say Secretary of State Simon should continue to preside until there’s a legal quorum.
“In the absence of a quorum, the House will adjourn until a quorum exists,” said David Zoll, the attorney representing House DFL lawmakers.
“So that could go on day after day after day — is that right?” Hudson responded.
The justices took the case under consideration, but no timeline was immediately given for them to issue an opinion.