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Pawlenty will appeal judge's ruling on unallotment

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wellstone dem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 03:35 PM
Original message
Pawlenty will appeal judge's ruling on unallotment
Source: Minneapolis Tribune

Saying a judge overreached and misinterpreted the law, Gov. Tim Pawlenty said Thursday he will appeal a ruling that challenged his unilateral budget cuts imposed this summer.

"The judge has inserted herself into a political dispute," Pawlenty said at a news conference.

....



Ramsey County District Judge Kathleen Gearin said that unallotment is constitutional but that Pawlenty misused it by making unilateral cuts after the legislature had adjourned.

In the ruling, Gearin said: "The authority of the governor to unallot is an authority intended to save the state in times of a previously unforeseen budget crisis. It is not meant to be used as a weapon by the executive branch to break a stalemate in budget negotiations with the Legislature or to rewrite the appropriations bill."

Read more: http://www.startribune.com/politics/state/80427142.html?page=1&c=y



http://www.youtube.com/watch?v=SXxAo2LzOUA LInk to interview with DAvid Lillehaug (Franken Attorney)

http://www.minnpost.com/ericblack/2009/12/30/14596/bulletin_judge_grants_order_temporarily_restraining_pawlentys_use_of_unallotment

LInk to more about court order

http://www.mncourts.gov/Documents/2/Public/Civil/1%20pawlenty%2012209/Plaintiff_Motion_for_Temporary_Restraining_Order___Granted.pdf

link to order
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geardaddy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 03:47 PM
Response to Original message
1. kicked and rec'd
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Better Today Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 03:58 PM
Response to Original message
2. "The judge has inserted herself into a political dispute," . . . I agree
and correct me if I'm wrong, but isn't it the Judicial branch's job to be exactly in that position, the position of resolving issues between executives and legislatures? Aren't they both political? Perhaps Pawlenty needs to return to Civics101, shit This is grade school stuff.

Furthermore, it seems the budget itself is no concern to him if the disagreement is only "political", then he doesn't need to win because just politics doesn't effect anyone but the politicians, right? What a moron!
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 04:03 PM
Response to Reply #2
3. Shhh.
That kind of talk gets RWers all confuserated and mistakifationed.
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Better Today Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 06:04 PM
Response to Reply #3
6. Oh, don't worry they're so good at mystifictionalizing, . . . n/t
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annm4peace Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-01-10 10:23 PM
Response to Reply #2
13. bring back School House Rock
maybe we can then educate the public and the Republican Party
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 04:12 PM
Response to Original message
4. At first glance the Governor was wrong implementing the unallotment.
The Minnesota Constitution as in the US Constitution have the branches of the government in the following order: Legislative, Executive, Judicial. It is the logical order as it is the Legislative branch that creates the bills while the Executive branch main responsibility is to carry out the laws in Minnesota.

As I read the ruling the Governor vetoed a section of the bill which was his right. But then after that was over he utilize the unallotment power which should be used only in emergencies. He caused the emergency because he refused to allow the revenue legislation that would had reduce or eliminate the impending deficit.
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Thor_MN Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 05:06 PM
Response to Original message
5. Apparently, LBN is only for news items of global importance
An article featuring a likley 2012 presidential candidate is local news. Why isn't there a St. Paul board to banish the story to?

In any case, Tim The Tool was handed a balanced budget, he unbalanced it and then used an emmergency power to get his way. He claims that he will call a special session, as long as the legislature agrees to give him his way. This spoiled little brat needs to be kicked to the curb, and the nation should know it.
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Better Today Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 06:05 PM
Response to Reply #5
7. Yeah, I just checked in and was surprised it was moved.
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dpbrown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 07:59 PM
Response to Reply #5
8. That's exactly what I was thinking when I saw this locked in LBN

Here's a guy who misused his governmental powers, and who might be the next Republican nominee to run for President. I guess the moderators in LBN want to make sure we don't know anything about him ahead of time.

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Brickbat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 08:42 PM
Response to Reply #5
9. I agree that this should be LBN.
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wellstone dem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-31-09 10:51 PM
Response to Reply #5
10. News about the filing of the law suit was not relegated to the Minnesota
forum.

Using this theory, why was the Franken/Coleman case allowed out of this forum?

Below are threads that remain in LBN while this one was moved.

Assisted Suicide Legal Under Montana Law, Court Rules (Update1)

N.J. Senate President calls for resignation of Homeland Security Secretary Napolitano

NY's Tavern on the Green restaurant bites the dust

Judge calls Schwarzenegger's furlough order illegal

Vt. judge: Birth mom must give child to ex-partner
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mascarax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-01-10 06:06 PM
Response to Reply #5
11. Hmm...maybe "Presidential Hopeful Pawlenty" should be in the headline
from now on so it doesn't get moved?

Maybe we can have a standard disclaimer in the article to help get some PR for this imbecile, like, "MN Governor Tim Pawlenty, rarely seen in the state as he has started his Republican 2012 Presidential Primary Campaign early on the MN taxpayers' dime..."

I agree this should not have been moved, based on the other articles wellstonedem cites.


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mascarax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-01-10 06:13 PM
Response to Reply #5
12. DU LBN Posting Restrictions
Edited on Fri Jan-01-10 06:18 PM by mascarax
I was curious so found the LBN rules...maybe there was a duplicate posting? (And then they moved both? Who knows...still think it shouldn't have been moved. People need to know how MN has suffered under Timmy the Tool.)

----LBN POSTS----

Please be aware of the following restrictions when posting in Latest Breaking News:

1. Do not post opinion pieces, editorials, or other stories that are not news.

2. Do not post news that is more than 12 hours old.

3. Do not post duplicate topics about news events that have already been posted. Please note that we are very strict about duplicates in the Latest Breaking News forum. Multiple discussion threads about the same topic are not permitted. If you would like to share a new article about a news item that is already being discussed, please add it to the thread that is already open on that topic.

4. When posting articles, always use the published title of the article as the title of the discussion thread. Additional information may be included in a thread title (in parentheses) if it helps to make the title more clear.

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8. Do not post frivolous or off-topic news stories. The moderators of the Latest Breaking News forum have the authority to act as news editors, and may remove news stories that they do not consider appropriate for this forum.

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If your message is not appropriate for the Latest Breaking News forum, you should post it in the General Discussion Forum or in one of the other forums.

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wellstone dem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-02-10 11:02 AM
Response to Reply #12
14. This was not a duplicate
There was a LBN story of the original decision a few days earlier which was also moved.
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wellstone dem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-02-10 11:06 AM
Response to Reply #5
15. Other local stories that were not moved


North Carolina Bans Smoking In Bars, Restaurants

Colorado's minimum wage becomes 1st in US to drop

Vt. judge: Birth mom must give child to ex-partner

NY Mayor Bloomberg to promote immigration reform

NH gays celebrate new law with Statehouse weddings

Two killed, four injured in Detroit hotel fire

NY's Tavern on the Green restaurant bites the dust

(Please note, I don't disagree with these stories remaining in LBN, I read some of them. In fact, I think most local stories should remain in LBN as what happens in all states may affect me.)
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