The Minnesota Supreme Court ruled on Wednesday that Gov. Tim Pawlenty’s unallotment of a special diet program for low income Minnesotans was beyond the scope of the law. The executive branch, the court wrote, “exceeded its authority by using that statute to balance the budget through reducing allotments before the budget-making process was completed.”
Last June, Pawlenty used his unallotment powers to eliminate funding for several programs, including $300 million in cuts to local-government aid and $236 million in human-services spending. One of those cuts ended the Minnesota Supplemental Aid Special Diet Program. Those clients sued and won in lower courts. On Wednesday, the Minnesota Supreme Court agreed.
The court wrote (pdf):
In the context of this limited constitutional grant of gubernatorial authority with regard to appropriations, we cannot conclude that the Legislature intended to authorize the executive branch to use the unallotment process to balance the budget for an entire biennium when balanced spending and revenue legislation has not been initially agreed upon by the Legislature and the Governor. Instead, we conclude that the Legislature intended the unallotment authority to serve the more narrow purpose of providing a mechanism by which the executive branch could address unanticipated deficits that occur after a balanced budget has previously been enacted.
Because the legislative and executive branches never enacted a balanced budget for the 2010-2011 biennium, use of the unallotment power to address the unresolved deficit exceeded the authority granted to the executive branch by the statute. We therefore affirm the district court‘s conclusion that the unallotment of the Special Diet Program funds was unlawful and void.
Gov. Pawlenty released this statement in reaction to the decision.
“I strongly disagree with this 4-3 decision by the court. Nonetheless it will require the legislature and my administration to address its budget impacts. The funds do not exist to reinstate my unallotments and the state budget needs to be balanced without raising taxes. I call upon the DFL-controlled legislature to ratify the unallotments I enacted last year.
“I will fight to reduce spending and taxes in Minnesota and that battle continues. My commitment to the people of Minnesota remains the same: we will balance the budget without raising taxes.”













8 Comments »
Comment posted May 5, 2010 @ 2:51 pm
Gee, how will Mr. Governor screw all of us out of our hard earned benefits now?
Too bad T-Paw! We win, you lose.
Comment posted May 5, 2010 @ 4:01 pm
Of course, this does not hurt him with the Republican base one bit. As the state continues its decline into a sterile wasteland, he can stand proudly by and announce that he didn’t raise taxes! After all–why would he care? He’s out of office and some other Governor will have to deal with it.
If he is forced to raise taxes, he will be painted as yet another victim of an activist judiciary. It’s a win-win for him.
Comment posted May 5, 2010 @ 7:59 pm
The solution is for the Legislature to raise taxes and spend, and raise taxes and spend, and raise taxes and spend, and…whoops…..everyone is broke!
Comment posted May 5, 2010 @ 11:42 pm
Sorry Greg. It doesn’t work that way. Your childish polemic aside a balanced budget is the law. If you want programs and services then you need to fund them. Raising taxes, in and of itself, is not the unpatriotic dirty business that you and the governor make it out to be. I seem to remember a bridge that had years of deferred maintenance. People like you wanted to use it, but as in the nursery rhyme, it “all fall down.”
Comment posted May 6, 2010 @ 2:33 am
@T-Paw: Explain to me “our hard earned benefits”. The State of Minnesota owes us nothing, other than stay the hell out of the way. Sounds like you and your family must be on several entitlement programs.
Comment posted May 6, 2010 @ 7:06 am
Well, Mr. Pawlenty did not win and he should not have! BTW the Dems here do not sit around thinking of ways to spend money we do not have – in fact, most of the Dems here are the ones who actually know how budget properly – Pawlenty does not. He has gotten rid of many programs that actually bring in more money for Minnesota. He has taken from funds that are not part of the General fund, that was slated for programs to help our Vets and in other area’s as well.
He is more concerned with how he looks on the cover of a book for the purpose of trying to run for 2014 presidential nominee. If you open the cover, there is plenty of Pawlenty of worry about.
Comment posted May 7, 2010 @ 7:37 am
What did we win? A “special diet program”? I think it is telling that in spite of this victory neither of the Twin City mayors is planning on changing their budgets. Even Democrats can understand that you don’t bleed the budget to the point of making MN bonds rated as junk – like they have done in Greece. There is another lesson there – treat your citizens like children and they act like children. Another example of the failure of socialism. I hope MN and the rest of the U.S. will consider this when they vote this November.
Comment posted May 15, 2010 @ 2:58 pm
OK – The State Supreme Court ruled against Pawlenty for using unallotments to balance the budget. Since the Legislature and Gov. Pawlenty never agreed on a balanced budget, and I believe the state constitution requires a balanced budget – What is the process? Go back to extended sessions & shut down the state when the Gov & Legislature cannot agree? Does anyone think the Legislature would have agreed to the dollar amount of cuts the Gov did? What if the Gov had not done the draconian cuts he did, and the state now had to make up that deficit either in additional cuts or tax increases. This would be a worse mess.
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