(ST. PAUL, MINN) – The issue over a quorum of members in the Minnesota House of Representatives is now in the hands of the Minnesota Supreme Court.
The justices heard the case in the state’s high court, with both sides arguing over the issue, which comes as the result of one House district election not having a qualified member in the House. The question is whether or not 67 lawmakers is enough for a quorum.
“Petitioners ask this Court to resolve the interpretation of five words in the Constitution,” Liz Kramer, Minnesota Solicitor General and the attorney arguing on behalf of Secretary of State Steve Simon, told the court in her opening statement. “’A majority of each house.’”
She says that the quorum number, which the Minnesota Constitution states is 68, is a static one – and doesn’t change due to a vacancy. The House has 134 members when it is seated in full.
David Zoll, arguing on behalf of Democrat Melissa Hortman, said in court that the issue before the court “is neither political nor partisan.”
“It’s a question of constitutional law,” he said. “The question is what constitutes a quorum for the Minnesota House to transact business.”
Chief Justice Natalie Hudson, who has served on the state’s highest court since 2016 and as its Chief Justice since October 2023, says there exists ‘a coequal branch of government that is completely dysfunctional, that is not doing the will and the work of the people of Minnesota.” She goes on to ask Nicholas Nelson, representing Lisa Demuth, who should step in to remedy the situation.
“I think the House itself resolves the question,” Nelson said. “Which is the doctrinally correct answer.”
He said the House can still meet without a quorum ‘to compel other people to come,’ which brought Associate Justice Paul Thissen to question how the House ‘can make a decision when they have no power to convene.’
“You’re putting the cart in front of the horse it seems like,” he said.
There’s no word on when a decision may be made in the case.
